In a recent decision, a Delhi Court has granted bail to Chief Minister Arvind Kejriwal in connection with the excise policy case, highlighting the lack of direct evidence provided by the Enforcement Directorate (ED) regarding the alleged proceeds of crime.
Vacation judge Niyay Bindu of Rouse Avenue Courts pointed out that the ED appeared to be struggling to gather sufficient evidence against Kejriwal, indicating that the current material on record was inadequate for further legal action. The court criticized the ED’s approach, particularly its method of using approvers’ testimonies, suggesting that the agency’s tactics raised concerns about bias and fairness in the investigation.
The court remarked on the problematic nature of the ED’s argument that investigation is an “art,” cautioning that such a stance could lead to the wrongful implication and imprisonment of individuals based on selectively procured evidence. This, the judge noted, suggested potential bias in the agency’s actions.
Further, the court underscored that the ED had not addressed several critical points raised by Kejriwal, including his absence from the CBI case and the ECIR FIR, and the fact that the allegations only emerged after co-accused individuals made subsequent statements. It was also noted that Kejriwal had not been summoned by the court but was in judicial custody solely at the ED’s behest under the guise of ongoing investigation.
Judge Bindu highlighted the lack of evidence showing co-accused Vijay Nair acting under Kejriwal’s directions and questioned the relevance of any connections between Vinod Chauhan and Charanpreet Singh to Kejriwal’s guilt. The court also found that the ED had failed to demonstrate how the attached sum of one crore rupees or the alleged 40 crores traced during the investigation constituted proceeds of crime linked to Kejriwal.
Emphasizing the principle that justice must be visible as well as done, the judge granted bail to Kejriwal, noting that his guilt had not been established on a prima facie basis.
Following this decision, the ED has moved the Delhi High Court to challenge the grant of bail to Kejriwal, with the matter now listed before a vacation bench comprising Justice Sudhir Kumar Jain.
Kejriwal was initially arrested by the ED on March 21 and had been granted interim bail by the Supreme Court in May until June 1, in light of the general elections. He surrendered on June 2, prior to the recent court decision granting him bail.
For further details, refer to the court’s order [here].
