"Very unusual": Saurabh Bharadwaj on Delhi HC staying Arvind Kejriwal's bail order
Jun 25, 2024
New Delhi [India], June 26 : Delhi Minister Saurabh Bharadwaj on Tuesday said that it is very unusual that without reading the order of the trial court, Delhi High Court stayed the court order granting bail to Delhi Chief Minister Arvind Kejriwal.
Speaking to ANI, the senior Aam Admi Party (AAP) leader said, "It is very unusual that without reading the order of the trial court, Delhi High Court stayed the court order granting bail to Kejriwal...We will make a legal strategy regarding it..."
The Delhi High Court on Tuesday stayed Arvind Kejriwal's bail order passed by the trial court, saying that the trial court should have at least recorded its satisfaction with the fulfilment of twin conditions of section 45 of Prevention of the Money Laundering Act (PMLA) before passing the impugned order.
The bench of Justice Sudhir Kumar Jain in the order stated, "The Court ought to maintain a delegate balance between a judgment of acquittal and conviction and order granting bail much before commencement of trial. The Court is not supposed to weigh the evidence meticulously. However, the Vacation Judge in the impugned Order has not discussed the requirement of section 45 of PMLA while passing the impugned Order. The trial court should have at least recorded its satisfaction with the fulfilment of the twin conditions of section 45 of PMLA before passing the impugned order."
"The perusal of the Impugned Order reflects that the Vacation Judge has passed the Impugned order without going through and appreciating the entire material brought on record by the rival parties which reflects perversity in Impugned Order," observed Delhi HC while dealing with the arguments made by ED counsel, stating that impugned Order passed by trial Judge has observed that it is not possible to go through thousands of pages of documents filed by the respective parties but the court must work upon the matter whichever comes for consideration and passed the order per law.
On June 20, the trial judge granted bail to Kejriwal in the money laundering case. The next day, the ED moved an urgent petition before the High Court challenging the bail order. The High Court heard both sides extensively reserve orders on the ED's application to stay the bail order and halted the release of Kejriwal until the pronouncement of its order.
