Excise Policy case: Delhi HC to pass order today on ED's plea for stay on Arvind Kejriwal's bail

The AAP national convenor, who was arrested by the ED on March 21, could have been released from Tihar jail on Friday if the high court had not granted interim relief to the central anti-money laundering agency.

Delhi HC reserve order 

A vacation bench of Justice Sudhir Kumar Jain had reserved the order on June 21 after the agency challenged the trial court's decision and put it in abeyance until the pronouncement. "Till the pronouncement of this order, the operation of the impugned order shall remain stayed," a vacation bench of Justice Sudhir Kumar Jain said. 

The trial court granted bail to Kejriwal on June 20 and ordered his release on a personal bond of Rs 1 lakh, and imposed certain conditions, including that he will not try to hamper the investigation or influence the witnesses.

The ED has argued that the trial court’s order was “perverse,” “one-sided,” and “wrong-sided,” claiming that the findings were based on irrelevant facts.

SC defers Kejriwal's plea

The Supreme Court has deferred the hearing of Kejriwal's petition challenging the Delhi High Court's stay on his bail till June 26. The decision comes as the Supreme Court awaits the High Court's final ruling on the Enforcement Directorate's plea challenging Kejriwal's bail in the Delhi excise policy case.

The Supreme Court noted the "unusual" manner in which the High Court handled the case, highlighting that the High Court reserved its order instead of delivering it on the same day. The Supreme Court emphasised that it would not make the same alleged "mistake" by staying the High Court's decision without the final order being issued.

"We will wait for the Delhi High Court to pronounce its final order on the ED's plea challenging the bail granted to Arvind Kejriwal," the Supreme Court stated. This decision reflects the Court's approach to ensuring due process is followed, despite expressing concerns over the High Court's handling of the proceedings.

The next hearing is set for June 26, with the Supreme Court's decision contingent on the High Court's ruling in the interim.

The excise policy was scrapped in 2022 after the Delhi lieutenant governor ordered a CBI probe into alleged irregularities and corruption related to its formulation and execution. According to the CBI and ED, irregularities were committed while modifying the excise policy, and undue favors were extended to the license holders.