Today, On 17th January, The Delhi High Court is set to hear the Enforcement Directorate’s (ED) plea challenging the bail granted to former Delhi Chief Minister Arvind Kejriwal in the excise policy case on March 21. The case involves alleged irregularities and corruption in the formulation of the policy. The ED claims that granting bail could hinder the investigation process. The hearing will be crucial in determining the case’s progress.
New Delhi: The Delhi High Court scheduled a hearing for March 21 regarding the Enforcement Directorate’s (ED) appeal against the bail granted to former Chief Minister Arvind Kejriwal in a money laundering case linked to the excise policy.
Justice Vikas Mahajan adjourned Friday’s proceedings at the request of the ED’s counsel. Kejriwal’s senior counsel opposed the adjournment, arguing that the ED had repeatedly sought delays over the past several months.
He emphasized the urgency, stating,
“There is an impending election. Why should this sword be hanging over him? If bail is granted to all 15 accused, why should it be pending for him?”
Kejriwal’s counsel presented arguments before Justice Vikas Mahajan after the Enforcement Directorate (ED) requested an adjournment, citing the unavailability of the Additional Solicitor General (ASG) who has been handling the case.
Senior Advocate Vikram Chaudhari, representing Kejriwal, strongly opposed the adjournment request. He argued that the ED’s intention was to keep the case pending during the upcoming Delhi assembly elections to utilize it for propaganda.
Chaudhari asserted,
“This is the seventh time they have sought an adjournment. With elections approaching in February, why is this issue still unresolved? You can’t keep the matter hanging indefinitely. Other accused have had their cases withdrawn, so why not this one? This is clearly propaganda, and I can’t elaborate further,”
He urged the ED to withdraw its plea, given that all fifteen accused in the excise policy case are now out on bail.
He contended,
“With all 15 accused granted bail, what justifies keeping this matter pending? They should withdraw it honorably,”
The court inquired,
“Wasn’t a similar withdrawal done in Abhishek Boinpally’s case?”
Chaudhari responded,
“In Boinpally’s case, it was noted that all accused are on bail. In K. Kavitha’s case, the ED stated it would not argue on merits and received commendation from the Supreme Court.”
After considering the brief submissions, Justice Mahajan ultimately allowed the ED’s request for an adjournment and rescheduled the case for March 17.
The ED’s counsel responded that no prejudice was caused to Kejriwal due to the adjournments since he was already on interim bail granted by the Supreme Court.
Justice Mahajan ruled,
“I will set it down for hearing… No prejudice is caused to him. List for hearing on March 21,”
Today, ED counsel Zoheb Hossain requested an adjournment and acknowledged that if the High Court ruled in favor of the ED’s appeal, Kejriwal’s interim bail granted by the Supreme Court would still be valid.
He stated,
“There is a practical difficulty in canceling bail. Even if you rule in my favor, the interim bail will remain in effect,”
The excise policy case, in which Kejriwal is a principal accused, involves allegations that intentional loopholes were created in the now-repealed Delhi Excise Policy of 2021-22 to benefit specific liquor sellers. The ED claims that kickbacks from these sellers were guided into funding the AAP’s electoral campaign in Goa, holding Kejriwal, as the National Convenor of the party, both personally and vicariously accountable for money laundering.
Kejriwal has denied these allegations and accused the ED of operating an extortion racket. Other AAP leaders arrested in connection with this case include former Delhi Deputy Chief Minister Manish Sisodia and Member of Parliament Sanjay Singh.
Both the ED and CBI are conducting investigations into the matter. Kejriwal was arrested by the ED on March 21 of the previous year and is currently out on bail, as are all other accused.
On July 12, 2024, the Supreme Court had granted Kejriwal interim bail while referring three questions regarding the “need and necessity of arrest” under the Prevention of Money Laundering Act to a larger bench.
Previously, on June 20, 2023, a trial court had granted him bail on a personal bond of Rs.1 lakh, which was later stayed by the High Court following the ED’s appeal.
Kejriwal was arrested by the ED and the CBI on March 21 and June 26, 2024, respectively, in connection with the money laundering and corruption cases. The excise policy of 2021 was scrapped in 2022 after the Delhi Lieutenant Governor ordered a CBI investigation into alleged irregularities and corruption in its formulation and execution. According to the CBI and the ED, irregularities occurred during modifications to the excise policy, with undue favors extended to license holders.
The excise policy case centers around alleged corruption and money laundering linked to the formulation and execution of the 2021 Delhi excise policy. This policy introduced by the Delhi government to privatize liquor sales, ostensibly to boost revenue and prevent illegal activities in the alcohol trade. However, it was scrapped in 2022 following allegations of irregularities and corruption.
This case raised questions about governance and transparency in Delhi’s administration. Critics allege that the excise policy was designed to benefit a select few at the expense of public interest. The opposition has also used this case to criticize the Aam Aadmi Party (AAP) for alleged corruption, undermining its image as a party committed to clean politics.
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