NEW DELHI: Delhi High Court on Tuesday stayed the court order granting bail to the chief minister Arvind Kejriwal at excise policy case. A vacation bench of Justice Sudhir Kumar Jain allowed the Enforcement Directorate’s application seeking a stay on the bail order. The court said the vacation judge Niyay Bindu has passed the order without passing ED‘s all the material in the notes, which reflected “perversity”.
The HC bench said that it could not understand how the court said in paragraph 16 of the order that it could not go through the thousands of pages of documents submitted by the related parties, but in paragraph 36 it insisted that relevant arguments and arguments were made. on behalf of the party has been dealt with.
Taking into account the court’s observation that the ED’s action was “mala fide” as the material against Kejriwal was available with the ED in July 2022, but he was called only in August 2023 and the agency failed to address the objections of the Delhi CM, the HC bench said, “The judge’s vacation… follows judicial discipline should not be observed in paragraph 27 of the impugned order that there is mala fide on the part of the ED, especially in the light of the observations made in the court on 09.04.2024…”
The bench said that the coordinate bench of the HC in the order observed that there was no mala fide intention on the part of the ED. The HC then dealt with the legality of Kejriwal’s arrest by the ED. The HC pointed out that although the SC gave leave to the judgment on April 9, it did not remain operative.
Responding to the arguments of Kejriwal’s counsel that his arrest was unfair and the April 9 judgment of the high court upholding his arrest by the ED has also not reached finality, the HC said the same should be done while considering the agency. main petition.
The bench added that at this stage, it cannot be said that the arrest and detention of Kejriwal was not in accordance with the law and his personal freedom was curtailed without following the procedure laid down by law.
Referring to the ED’s contention before the court regarding the liability of the CM’s deputy under Section 70 of the PMLA, the bench said that the ED’s written record had been mentioned but found no place in the court’s order. The section deals with “offenses by companies” and the agency has argued that it also gives it the power to create political parties.
The HC bench rejected senior advocate Abhishek Manu Singhvi’s argument that Kejriwal did not abuse the interim bail granted by the SC on May 10 after considering all the ED’s objections, including the objections/controversies raised in the current petition.
Citing the SC’s bail order of May 10, the HC bench said that in the absence of allegations of abuse of bail, the CM had not been granted interim bail on merit but in the context of the Lok Sabha elections.
The HC also rejected the court’s finding that unless and until the exercise of tracing the remaining amount of proceeds of crime, which is Rs 60 crore, is completed by the ED, Kejriwal cannot remain behind bars without proper evidence against him.
“The records filed by the ED before the special judge/vacation judge reflect that the plea was met by the ED but was not adequately and adequately dealt with by the vacation judge,” the HC said.
“The vacation judge while passing the impugned order did not take into account the material/documents submitted on record and the plea taken by the ED, and the contentions/reasons raised in the petition under section 439 (2) of the code (CrPC) require serious consideration…Thus , the application is now allowed and the operation of the impugned order remains,” closed the court.
Section 439(2) of the CrPC, 1973, gives the high court or the session court the power to cancel the bail granted under section 436 of the CrPC. It also gives powers to direct the arrest and detention of persons released on bail.
In the statement of ASG Raju that the observation of the vacation judge in the order is not tenable and the order is “perverse”, the HC bench said it needs further consideration. Referring to the argument that the bail order was passed on the basis of irrelevant considerations, the HC said that these points should be considered by the roster bench while considering the main petition.
The HC bench said that it could not understand how the court said in paragraph 16 of the order that it could not go through the thousands of pages of documents submitted by the related parties, but in paragraph 36 it insisted that relevant arguments and arguments were made. on behalf of the party has been dealt with.
Taking into account the court’s observation that the ED’s action was “mala fide” as the material against Kejriwal was available with the ED in July 2022, but he was called only in August 2023 and the agency failed to address the objections of the Delhi CM, the HC bench said, “The judge’s vacation… follows judicial discipline should not be observed in paragraph 27 of the impugned order that there is mala fide on the part of the ED, especially in the light of the observations made in the court on 09.04.2024…”
The bench said that the coordinate bench of the HC in the order observed that there was no mala fide intention on the part of the ED. The HC then dealt with the legality of Kejriwal’s arrest by the ED. The HC pointed out that although the SC gave leave to the judgment on April 9, it did not remain operative.
Responding to the arguments of Kejriwal’s counsel that his arrest was unfair and the April 9 judgment of the high court upholding his arrest by the ED has also not reached finality, the HC said the same should be done while considering the agency. main petition.
The bench added that at this stage, it cannot be said that the arrest and detention of Kejriwal was not in accordance with the law and his personal freedom was curtailed without following the procedure laid down by law.
Referring to the ED’s contention before the court regarding the liability of the CM’s deputy under Section 70 of the PMLA, the bench said that the ED’s written record had been mentioned but found no place in the court’s order. The section deals with “offenses by companies” and the agency has argued that it also gives it the power to create political parties.
The HC bench rejected senior advocate Abhishek Manu Singhvi’s argument that Kejriwal did not abuse the interim bail granted by the SC on May 10 after considering all the ED’s objections, including the objections/controversies raised in the current petition.
Citing the SC’s bail order of May 10, the HC bench said that in the absence of allegations of abuse of bail, the CM had not been granted interim bail on merit but in the context of the Lok Sabha elections.
The HC also rejected the court’s finding that unless and until the exercise of tracing the remaining amount of proceeds of crime, which is Rs 60 crore, is completed by the ED, Kejriwal cannot remain behind bars without proper evidence against him.
“The records filed by the ED before the special judge/vacation judge reflect that the plea was met by the ED but was not adequately and adequately dealt with by the vacation judge,” the HC said.
“The vacation judge while passing the impugned order did not take into account the material/documents submitted on record and the plea taken by the ED, and the contentions/reasons raised in the petition under section 439 (2) of the code (CrPC) require serious consideration…Thus , the application is now allowed and the operation of the impugned order remains,” closed the court.
Section 439(2) of the CrPC, 1973, gives the high court or the session court the power to cancel the bail granted under section 436 of the CrPC. It also gives powers to direct the arrest and detention of persons released on bail.
In the statement of ASG Raju that the observation of the vacation judge in the order is not tenable and the order is “perverse”, the HC bench said it needs further consideration. Referring to the argument that the bail order was passed on the basis of irrelevant considerations, the HC said that these points should be considered by the roster bench while considering the main petition.