Arvind Kejriwal to remain in jail as HC stays bail till decision on ED’s plea in excise policy case

A fire at a plastic bag manufacturing unit in outer Delhi’s Nangloi area was extinguished early Saturday following a six-hour operation.

There is no report of anyone being injured in the blaze that broke out at around 9 pm on Friday, the official said, adding cooling operation was underway.

At least 28 fire tenders were pressed into service and the flames were doused by 3.30 am, as per officials.

A Delhi court will on Saturday hear Engineer Rashid’s interim bail plea to take oath as an MP, news agency PTI reported. Sheikh Abdul Rashid, also popularly known as Engineer Rashid, was arrested in a 2016 Jammu and Kashmir terror funding case. He contested the Lok Sabha elections 2024 as an independent candidate from Baramulla, defeating former J&K chief minister Omar Abdullah to win the constituency. Additional Sessions Judge Chander Jit Singh passed the directions after being informed that the Lok Sabha MP-elects will be taking oath on June 24, 25 and 26. Rashid, who has been lodged in Tihar jail, was arrested in 2019 after being charged by the NIA under the Unlawful Activities (Prevention) Act.

Aam Aadmi Party leader Sanjay Singh challenged the Delhi BJP MPs to join Atishi’s indefinite strike over the water crisis in the National Capital. “… if you have the courage then come here and join Atishi in her indefinite strike and fight the battle of water for Delhi,” news agency PTI quoted Singh as saying. He further said that those who were appointed as ministers at the Centre had not uttered a word on the crisis, adding that seven MPs from the BJP had been elected, but none of them was ready to speak for the people of Delhi.

Amid the ongoing tussle between the AAP and the BJP over a shortage of water supply, Water Minister Atishi decided to sit on an indefinite hunger strike from 12 pm Friday in Bhogal area of Jangpura, demanding the national capital’s share of water from Haryana. The Delhi Water Minister had written to Prime Minister Narendra Modi prior to this, seeking his intervention to resolve the crisis.

Aam Aadmi Party leader and Delhi minister Saurabh Bharadwaj said that what the ED said about the trial court judge who granted bail to Chief Minister Arvind Kejriwal during High Court proceedings was “shameful.” “The ED is not being able to submit any proof to the courts…the AAP has been saying this consistently — this has also been noted in the trial court order ,” Bharadwaj said.

The Delhi HC on Friday stayed the trial court order granting bail to Kejriwal till it pronounces its verdict on the ED’s plea on June 25. “After the judge demolished the entire case of the ED, in panic, even before the trial court’s order came out, the most senior lawyer that the Centre has, reached the High Court,” Bharadwaj said. He added that the agency was behaving like it has “personal enmity” with the Delhi CM.

After the counsels appearing for ED and Delhi CM Arvind Kejriwal concluded their arguments, the High Court Friday noted that it does not want to pass an order without looking at the documents. The HC said that it would pronounce its verdict by June 25. “In the meantime the petitioner and respondent are at liberty to file submissions latest by Monday,” the HC added.

Beginning his arguments for Delhi Chief Minister Arvind Kejriwal, Senior Advocate Vikram Chaudhari said that he was a person holding “a constitutional post.” …you want to touch a person of that stature then you must have evidence of sterling quality against him,” he said. “Your lordships are not dealing with some terrorist. He has not violated any condition. Will the earth shake if the CM is out?” he questioned.

Several parts of Delhi on Friday received light rains, bringing relief amidst the intense heatwave in the National Capital and surrounding areas. “Thunderstorm with light to moderate intensity rain and gusty winds with speed of 30-50 Km/h would occur over and adjoining areas of most places of Delhi and NCR ,Gannaur, Sonipat, Kharkhoda, Sohana, Palwal (Haryana) Sakoti Tanda, Baraut, Daurala, Bagpat,” the IMD posted on X earlier today.

Chief Minister Arvind Kejriwal’s counsel Abhishek Manu Singhvi concluded arguments in the Delhi High Court hearing. He said that assuming that the order is not stayed and Kejriwal walks out, how would it be irreversible. “Where will he go? What will he do? I’m only saying the HC has full reversibility,” Singhvi said in his concluding remarks.

Senior Advocate Abhishek Manu Singhvi, appearing for Arvind Kejriwal, said “not one paisa is traced to me (Kejriwal).” “SC is quoted in the trial court order, rightly quoted should be quoted. What is the perversity?” the CM’s counsel questioned. He further said that “incrimination by co-accused’ could only be considered relevant if there is some corroboration to it.

Delhi Chief Minister Arvind Kejriwal’s counsel Abhishek Manu Singhvi said that the ED had no case, while adding that a difference in view points could not be referred to as ‘perversity’. “This is an imagined new definition of perversity,” he added. Singhvi was referring to the ED’s remarks calling the lower court’s order granting bail to CM Kejriwal “a totally perverse order.”

Counsel Abhishek Manu Singhvi, appearing for Delhi Chief Minister Arvind Kejriwal, said that the HC had noted that it was dealing with the matter of illegal arrest and not bail, which was “a line conveniently forgotten by the ED.” “The HC and SC were dealing with section 19 (of the) PMLA – the legality of arrest and not bail. It is so elementary that it is elemental,” Singhvi said. “Yet paras are read to suggest that trial court should not have gone against them,” he added.

Delhi Chief Minister Arvind Kejriwal’s counsel Abhishek Manu Singhvi said that it appeared that the ED conception was that “a bail hearing merely because it involves a CM must go on endlessly for hours without end.” “Must mean that the judge must write an essay and if the judge doesn’t repeat every argument of Mr Raju (ED counsel), it will give an opportunity for Mr Raju to malign the judge…it is extremely unfortunate. This whole approach is deplorable,” Singhvi added.

Delhi Chief Minister Arvind Kejriwal’s counsel Abhishek Manu Singhvi has commenced arguments in the hearing. The ED had approached the Delhi HC against the trial court order passed on Thursday (June 20) granting bail to Kejriwal in the excise policy case.

Additional Solicitor General SV Raju, appearing for the ED, said that the “statement of the approver and his credibility as witness” cannot be looked into at this stage while granting bail. “Credibility can’t be gone into at stage of bail but it has not been considered by trial court. Here there are statements under section 50 PMLA which are admissible in evidence. We are also relying upon documentary evidence,” Raju said.

During the HC hearing, ED counsel S V Raju said that the Aam Aadmi Party had been named as an accused in the excise policy case because it had “used proceeds of crime for Goa elections.” ” It (AAP) can be made an accused because of section 70 PMLA. Then every person responsible for affairs/business of the company (herein AAP) would be guilty. Therefore Kejriwal is guilty,” Raju said.

Additional Solicitor General SV Raju, appearing for the ED, said that the agency had showed before the trial court how Rs 45 crore had been used in the Goa elections. “Yet finding is we have not been able to show how the money was used,” Raju said. He added that the trial court judge had himself admitted to not reading the papers. “How can you say I have not read papers and then say it is irrelevant? Order has to go on this finding alone,” Raju said.

With the Delhi High Court hearing ED’s plea seeking cancellation of bail granted to Arvind Kejriwal, counsel S V Raju said that the Supreme Court had not given a clean chit to the Delhi CM. “SC while granting interim bail to him did not give him clean chit. But this has been treated as basis for impugned order,” Raju said.

ED counsel S V Raju said that there couldn’t be a better case of cancellation of the grant of bail than this one. This comes a day after Delhi Chief Minister Arvind Kejriwal was granted bail by a lower court in the excise policy case. “The finding should be that there is reasonable grounds of believing that Kejriwal is not guilty. At least some discussion should be there that he is not guilty. That is not there,” Raju said.

He added that “holding a constitutional chair” could not be grounds for the grant of bail. ” That means every minister will be granted bail,” Raju said.

The Additional Solicitor General SV Raju, appearing for the ED, responded to the trial court observation stating that there was no direct evidence against Delhi Chief Minister Arvind Kejriwal. ““This is a wrong statement. We had read Magunta Reddy’s statement. We pointed out that the CM had met Magunta Srinivasan Reddy. And he (Reddy) said that Kejriwal told him give him (Kejriwal) 100 crores,” Raju said, adding that he was shocked at the order granting the CM bail.

The Delhi High Court announced that it will resume proceedings against Kejriwal in a money laundering case related to an excise scam at 2:15 pm after lunch.

Solicitor General S. V. Raju reads a judgment, stating, “The Supreme Court has ruled that if an approver provides evidence, they cannot be sentenced; this is a legal acknowledgment of statutory inducement. However, a coordinate bench of the High Court asserts that this process is strictly between the court and the approver, with the Enforcement Directorate (ED) having no involvement. The trial court failed to consider all of this and diverged from the issue, labeling it as malafide.”

Solicitor General S V Raju said “malafides was demolished by a judgment of the hc which is binding on trial court which is between the same parties.” He further argued that “we had shown material collected between January, February, March. Nothing was considered. If relevant facts are not considered and if irrelevant material is considered that itself is ground for setting aside of bail.”

In response to Solicitor General S V Raju’s argument, the Delhi High Court asked, “Are you saying that the trial court did not consider all the points detailed in the High Court’s single judge judgment?”

Solicitor General S V Raju argued that initially, Chief Minister Kejriwal’s arrest was challenged, but the remanding court confirmed its correctness. Kejriwal then approached the High Court (HC), where a single judge upheld the arrest’s validity.

Raju noted that all the points raised in the April 9 judgment were addressed by the HC, but the trial court’s impugned order did not consider these points. He emphasized “Common issues of arrest are binding unless set aside by the Supreme Court. Therefore HC ORDER stands. HC says no malafide but special judge says malafide on the same facts.”

Solicitor General S V Raju on Friday refers to trial court order para 27

“27 . There are certain undisputed facts as specified on behalf of the applicant that in the month of July 2022, the material was available with the ED against the accused but he was called only in August 2023 which shows malafide of ED and ED has failed to answer this objection of the applicant”.

Raju says this is a wrong finding in the trial court order on the face of it.

Raju: ED’s ECIR (complaint) is of August 2022 how could there be material in july 2022. Wrong facts and wrong dates. But it comes to conclusion that this is malafide, without reading anything. If you had gone through the docs you would have known the correct date.

Delhi Water Minister Atishi says, “Instead of releasing more water, Haryana government has stopped 120 MGD water.. more than the previous figure of 100 MGD.”

Solicitor General S V Raju contended that during the rejoinder, Kejriwal’s counsel argued in detail. He said “The urgency with which the hearings were conducted deprived ED the proper opportunity of reading out/placing during arguments all material against the applicant (kejriwal).” He argued that the order should be set aside because the first mandatory right under Section 45 was affected.

He further criticized the impugned order, stating “You (trial court) say documents filed are irrelevant. Without going through it how can you say its irrelevant; that means the finding is perverse bcoz you havent looked at it.’

Senior Advocate Vikram Chaudhari read the Supreme Court’s interim order on bail. The Delhi High Court stated that there would be no time limit on arguments, ensuring equal rights for all parties.

ASG SV Raju, representing the Enforcement Directorate (ED), began by criticizing the order as perverse and referred to Section 45 of the Prevention of Money Laundering Act (PMLA).

During the Delhi Chief Minister Arvind Kejriwal case hearing on Friday, Senior Advocate Vikram Chaudhari mentioned that certain remarks had been made against the trial court judge in the petition. The Delhi High Court responded, urging efficiency due to limited time, saying, “Time is very short at our disposal. Kindly utilise it.” Chaudhari questioned the urgency of listing the matter during the vacation period, asking, “What is the anxiety to have this listed today in the vacation?”

The Delhi High Court has taken up the Enforcement Directorate’s (ED) matter opposing bail granted to Delhi Chief Minister Arvind Kejriwal.

AAP Rajya Sabha MP Sanjay Singh blamed the Haryana BJP government and said the AAP Punjab government had been supporting Haryana with water supply. But, Atishi still has to request L-G, PM to release Delhi’s ‘rightful water’ every day. He also addresses the vandalism of the DJB office and the attack on its DJB workers by the BJP party workers.