Mr. Arvind Kejriwal in this case had challenged the judgment passed by the trial court and the Delhi High Court which upheld his arrest by the Directorate of Enforcement. The DoE registered ECIR on August 22, 2022, following the registration of predicate offenses by the Central Bureau of Investigation CBI on August 17, 2022, under Section 120-B read with Section 447A of the Indian Penal Code, 1860 and Section 7 of the Prevention of Corruption Act, 1988. These offenses were based on a complaint made by the Lieutenant Governor of Delhi and directed by the Ministry of Home Affairs.
The court gave significance to the 18th Lok Sabha elections, the court decided it would not be appropriate for Arvind Kejriwal to approach the trial court for interim bail or release, considering the legal issues under examination. The court rejected the prosecution’s argument that granting interim bail would unduly benefit politicians over ordinary citizens. The court acknowledged that while examining interim bail, it must consider the individual circumstances.
The court acknowledged the fact that Mr. Arvind Kejriwal failed to appear for 9 summons/notices, the first one being issued in October 2023. The court also acknowledged the fact that he is the Chief Minister of Delhi and a leader of one of the national parties, doesn’t have any criminal antecedents, and is not a threat to society. Finally, the court directed that Arvind Kejriwal be released on interim bail until June 1, 2024, with specific conditions:
(a) He will furnish bail bonds in the sum of Rs.50,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent;
(b) He will not visit the Office of the Chief Minister and the Delhi Secretariat;
(c) He will be bound by the statement made on his behalf that he shall not sign official files unless it is required and necessary for obtaining clearance/ approval of the Lieutenant Governor of Delhi;
(d) He will not make any comment about his role in the present case, and
(e) He will not interact with any of the witnesses and/or have access to any official files connected with the case.
Summary
The legal saga between Arvind Kejriwal and the Directorate of Enforcement has captured national attention, as allegations of financial irregularities and corruption have led to a high-stakes legal battle. As Kejriwal vigorously denies any wrongdoing, the Directorate of Enforcement, spearheaded by top ED lawyer in Delhi Abhishek Manu Singhvi, has pressed forward with investigations and legal proceedings. With both sides employing strategic legal maneuvers and intense courtroom debates, the battle for justice unfolds amidst public scrutiny and political intrigue. The outcome of this legal confrontation will not only impact the individuals involved but also hold broader implications for governance, accountability, and the rule of law in the country.
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