Delhi High Court Upholds Arvind Kejriwal’s Detention, Questions Lower Court’s Bail Decision

New Delhi, 25th June 2024: Arvind Kejriwal’s continued detention was affirmed by the Delhi High Court on Tuesday afternoon, as it maintained its interim order that had halted a lower court’s decision granting him regular bail in a case related to the liquor policy. The High Court criticized the lower court, asserting it had not properly considered the matter and had overlooked key aspects, such as providing adequate opportunity for the prosecution to present its arguments. The court highlighted deficiencies in addressing the conditions for bail under the Prevention of Money Laundering Act, the law under which Kejriwal faces charges.

“The assertions and allegations raised in the primary petition need careful examination,” remarked the High Court, emphasizing the lower court’s failure to discuss Arvind Kejriwal’s potential liability under Section 70 of the PMLA.

The Enforcement Directorate, which arrested the AAP leader in March over the liquor policy issue, had petitioned the High Court last week, contesting the lower court’s bail order as “perverse” and flawed.” After hearing arguments from both sides, the High Court imposed an interim stay on Kejriwal’s release pending its final decision today. On Monday, Kejriwal had approached the Supreme Court against this interim stay.

While the Supreme Court declined immediate relief to the Delhi Chief Minister, it acknowledged the unusual nature of the case. Justice Manoj Misra noted, “In matters of stay, orders are typically issued immediately rather than reserved. This situation is uncommon.”