'Trial court didn’t apply its mind': Delhi HC stays CM Kejriwal's bail

New Delhi, June 25: Delhi High Court on Tuesday, in its final verdict on the Enforcement Directorate's plea, stayed a trial court order granting bail to Chief Minister Arvind Kejriwal. Justice Sudhir Jain said that the documents and arguments were not appreciated by the trial court.

On June 20, a Delhi court granted bail to the Chief Minister in connection with a money laundering case related to the now-scrapped excise policy. Following this, the ED moved the high court which stayed the order till its pronouncement of the final order. Now, Justice Jain in his final order said that the trial court vacation bench did not apply its mind to the material and it ought to give equal opportunity to the ED to argue bail application. He said that other arguments will be considered by the roster bench.

The ED had sought a 48-hour deferral in signing the bail bond following the pronouncement of the order. However, the trial court firmly denied the ED's plea for a stay. ED’s plea was urgently mentioned before a vacation bench comprising Justices Sudhir Kumar Jain and Ravinder Dudeja by Additional Solicitor General, S.V. Raju, on behalf of the ED.

"I am moving for an urgent stay. The order was pronounced yesterday at 8 p.m. The order is not uploaded. We were not given a clear opportunity to oppose bail," he had argued. ASG Raju had further said that his prayer for a stay on the bail order wasn't even considered. "I am demanding that the order be stayed and the matter be heard as soon as possible. We were denied the full opportunity to argue the case. I am making allegations with full seriousness," he stated.

Senior advocate Abhishek Manu Singhvi, representing CM Kejriwal, had opposed the stay request, citing legal precedents. "There are 10 Supreme Court judgments that cancellation of bail is radically different from grant of bail," he had contended. After hearing arguments from both sides, the high court directed that the bail order should not be enforced until the matter is heard in full. "The bail order will not be given effect. We have not passed the final order. You may argue as much as you can," the bench had stated, effectively halting CM Kejriwal's release.