'Overburdened Vacation': ED Opposed Arvind Kejriwal's Bail Plea

A Delhi court Today (June 7th) adjourned the bail plea filed by arrested Delhi Chief Minister Arvind Kejriwal till June 14.

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'Overburdened Vacation': ED Opposed Arvind Kejriwal's Bail Plea | Next Hearing on June 14

NEW DELHI: A Delhi court postponed the bail plea hearing for Delhi Chief Minister Arvind Kejriwal, who remains in custody, until June 14. The adjournment came after Kejriwal’s counsel, Senior Advocate N Hariharan, requested more time to review the 182-page reply filed by the Enforcement Directorate (ED), which was provided just before the hearing.

“Advance copy doesn’t mean you give it to me half an hour before the hearing,”

-Hariharan argued, urging the court to reschedule the hearing for the following day.

However, Additional Solicitor General (ASG) SV Raju countered that a next-day hearing would interfere with the trial court’s summer break, which starts tomorrow.

“We don’t only have Arvind Kejriwal matter. We have so many matters. We are overburdened … (If the case is posted before a vacation judge) I have cut short my vacation,”

-the ASG stated.

This prompted a strong response from Hariharan, who insisted that the bail matter should not be delayed due to the court’s vacation schedule.

“It cannot be that in a bail situation, the prosecution says because I am on vacation, a bail matter may not be heard. It is unheard of,”

-he said.

The ASG suggested that the bail hearing could proceed without the ED’s reply being taken on record, but Hariharan re-emphasized that the hearing should not be postponed, stating,

“The department cannot shut down. It is an absurd proposition. I will be incarcerated for two weeks… Why should I be kept waiting like this?”

Special Judge (PC Act) Kaveri Baweja of the Rouse Avenue Courts decided to adjourn the matter until June 14, with vacation judge Mukesh Kumar likely to hear the case next.

Special Counsel Zoheb Hossain also represented the ED in the hearing.

Kejriwal was arrested by the ED on March 21 on allegations of being involved in a conspiracy to leave loopholes in the now-scrapped Delhi Excise Policy for 2021-22, benefiting certain liquor sellers. The ED has accused Kejriwal of using kickbacks from liquor sellers to fund the Aam Aadmi Party’s (AAP) electoral campaign in Goa, holding him personally and vicariously liable for money laundering.

Other AAP leaders arrested in connection with the same case include former Deputy Chief Minister of Delhi Manish Sisodia and Member of Parliament Sanjay Singh, who is currently out on bail.

Kejriwal was in jail until May 10, when the Supreme Court granted him interim bail to campaign for the Lok Sabha elections. After the interim bail period ended on June 2, he returned to custody. Kejriwal’s application for a seven-day interim bail on medical grounds was rejected by Judge Baweja on June 5.

The adjournment of Arvind Kejriwal’s bail plea hearing underscores the complexities and challenges within the legal system, particularly in high-profile cases involving political figures. Several key points emerge from this development:

Legal Process and Fairness: The request for an adjournment by Kejriwal’s counsel, citing the need for adequate time to review the 182-page reply from the ED, highlights the importance of ensuring a fair legal process. In such significant cases, the defense must be given sufficient time to prepare and respond adequately to the charges and evidence presented against them.
Judicial Efficiency and Vacations: The conflict between the court’s summer break and the urgency of the bail hearing reveals the tension between judicial efficiency and the court’s administrative schedules. While vacations are necessary for the judiciary, the system must also ensure that urgent matters, such as bail hearings, are addressed promptly to prevent undue hardship on the accused.
Political Ramifications: The case against Kejriwal, involving allegations of corruption and money laundering, has significant political implications. The accusations not only affect Kejriwal’s personal and political reputation but also have broader consequences for the Aam Aadmi Party (AAP). The outcomes of such legal battles can influence public perception and electoral fortunes.
Prosecution vs. Defense Dynamics: The exchange between the ASG and Kejriwal’s counsel reflects the adversarial nature of the legal process, with each side seeking to leverage procedural advantages. The ASG’s argument against immediate hearing during court vacations and the defense’s insistence on not delaying bail hearings illustrate the strategic maneuvers common in high-stakes legal proceedings.
Judicial Oversight and Accountability: The case underscores the role of the judiciary in maintaining oversight and ensuring accountability in cases involving alleged misuse of public office and corruption. The judiciary’s decisions in such matters are closely watched and can set precedents for handling similar cases in the future.
Impact on Governance: The legal troubles faced by Kejriwal and other AAP leaders have practical implications for governance in Delhi. Prolonged legal battles can distract from administrative duties and affect the functioning of the state government.

The adjournment of Kejriwal’s bail plea highlights the intricate balance between ensuring a fair legal process, maintaining judicial efficiency, and navigating the political implications of high-profile cases. The outcome of this case will be pivotal, not only for Kejriwal and the AAP but also for setting broader precedents in political accountability and judicial processes in India.