Delhi Chief Minister Arvind Kejriwal took his fight against the Enforcement Directorate (ED) to the Supreme Court on Sunday. He appealed against a Delhi High Court order that had put a temporary hold on his bail in a case related to an alleged liquor policy scam. The Aam Aadmi Party (AAP), Kejriwal’s political party, confirmed that his lawyers have filed an appeal for a hearing on Monday morning.
This legal battle stems from a trial court’s decision on Thursday to grant bail to Kejriwal on a personal bond of ₹1 lakh. However, the ED swiftly appealed the decision to the Delhi High Court, arguing that the trial court had not given them a proper opportunity to present their case. The High Court, in response, issued an interim stay on the trial court’s order, effectively preventing Kejriwal’s release until further notice.
The ED, in its appeal, accused the trial court of overlooking their arguments and claimed that the order granting bail was ‘perverse.’ They also argued that the trial court had not allowed them sufficient time (2-3 days) to file written submissions. The ED further alleged that they had traced ₹45 crores but the trial court disregarded it, stating that no direct evidence existed. The ED countered this, stating that direct evidence is often derived from witness statements and that corroborating evidence supports their claims.
The trial court judge, Special Judge Niyay Bindu, had granted bail to Kejriwal after concluding that his guilt had not been established prima facie. The judge cited the famous quote by Benjamin Franklin, a founding father of the US, stating, ‘It is better that 100 guilty persons should escape than an innocent person should suffer.’ The judge argued that if an accused is subjected to the rigors of the legal system without their innocence being proven, they would never truly believe that justice had been served. Additionally, the judge observed that the ED had not provided any information regarding the use of the alleged proceeds of crime.
Kejriwal’s appeal to the Supreme Court marks the latest development in this ongoing legal battle. It remains to be seen how the Supreme Court will rule on the matter and whether it will uphold the Delhi High Court’s stay on his bail.
