Delhi Court grants Chief Minister Arvind Kejriwal Bail; States that ED “is not acting without bias.”
The Enforcement Directorate (ED) detained Kejriwal on March 21 after he was accused of being involved in an elaborate scheme to purposefully create gaps in the now-canceled Delhi Excise Policy for 2021–2022 in order to favor specific alcohol vendors. In light of the general elections, the Supreme Court granted him temporary bail in May, which was valid until June 1. He then turned himself in on June 2. Chief Minister Arvind Kejriwal also countered that the ED was operating an extortion scheme and refuted the accusations. He was then granted bail in the excise policy case, but a Delhi court noted that the Enforcement Directorate (ED) has not provided any direct proof against the Chief Minister regarding the proceeds of crime.
“The court has to take a pause to consider this argument which is not a potable submission that investigation is an art because if it is so, then, any person can be implicated and kept behind the bars by artistically procuring the material against him after artistically avoiding/withdrawing exculpatory material from the record. This very scenario constrains the court to draw an inference against the investigating agency that it is not acting without bias” the court stated.
It was taking time to obtain the evidence in any way, according to Vacation Judge Niyay Bindu of Rouse Avenue Courts, because the ED felt that the material on file was insufficient to continue against Kejriwal. It further stated that ED must be “prompt and fair” in order for the public to believe that the Agency upholds the natural justice principles. The court granted Kejriwal bail, noting that it is still unclear whether he is guilty prima facie.
This prompted the Enforcement Directorate (ED) to now approach the Delhi High Court to challenge the Bail Order.
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Written by – Gnaneswarran Beemarao