Liquor policy case: Cancelling bail would be grave miscarriage of justice, Kejriwal tells Delhi HC

Arvind Kejriwal tears into ED's appeal

Cancelling his bail would amount to a miscarriage of justice, Delhi chief minister Arvind Kejriwal told the high court on July 10 in response to a plea by the Enforcement Directorate (ED) challenging the relief granted to the AAP leader.

The Delhi High Court deferred to July 15 the hearing of the ED’s plea against the trial court order in a money-laundering case linked to a controversial excise policy in which Kejriwal was arrested on March 21.

"To cancel the order would tantamount to a grave miscarriage of justice. The respondent is a respectable citizen and there was no occasion for him to violate any terms or conditions that have been imposed upon him," Kejriwal said in a written response submitted to the court a day before the hearing. Moneycontrol has reviewed a copy of the document.

A bail order cannot be set aside merely on the perception that the ED was not granted an opportunity to argue the case.

"The argument raised by the ED that ‘irrelevant materials have been considered’ will not only tantamount to dictating the Court as to the course to be adopted but also demonstrate an element of arrogance that has crept in the mind of this particular investigating agency," Kejriwal submitted.

The ED's argument it was not afforded proper opportunity for the hearing should be dealt with sternly. If lengthy arguments are made in every bail hearing, it would render the criminal justice system unworkable, he said.

"It would not only render the criminal justice system unworkable but also render justice illusory for many under trials and convicts who languish in jail for want of hearing or decision on their bail applications," Kejriwal said.

The chief minister also said ED chose to rely on reports by Bar and Bench, a legal news website, to show how the lower court conducted the proceedings. "Significantly, the ED adopts varying and contradictory standards as per its convenience. In other cases where such proceedings reported in media were brought before the Court, it has been a vehement objection of the ED that the same cannot be relied upon," he said.

Merely because the court controlled how long the case could be argued, it does not mean that the ED was not allowed to present its case. "All the submissions made by ED are not only untenable in law but also reflect their apathy, insensitivity and overbearing as well as overreaching attitude towards courts of law," he said.

The chief minister accused ED of demeaning the trial court and adopting an “over-reaching attitude”.

The court has asked the ED for  its response and the case will be heard on July 15.

On June 20, a trial court granted bail to Kejriwal in the liquor policy case. On June 25, a vacation bench of the high court, after reserving the order for a few days, granted an interim stay on the bail.