In a significant ruling, a Delhi court has criticized the Enforcement Directorate (ED) for its biased handling of the money laundering case against Delhi Chief Minister Arvind Kejriwal. The court highlighted the lack of direct evidence linking Kejriwal to any criminal proceeds and noted that the ED had not demonstrated that another accused, Vijay Nair, acted on Kejriwal’s behalf.
Special Judge Niyay Bindu, presiding over the Rouse Avenue Court, expressed concerns about the investigation’s integrity. “The court must pause to consider this argument that investigation is an art. If so, any person can be implicated by artistically procuring material against them while avoiding exculpatory evidence. This scenario forces the court to infer bias in the investigation,” the judge observed.
The court also pointed out the ED’s silence on crucial issues, such as Kejriwal not being named in the initial FIR by the CBI or in the ED’s Enforcement Case Information Report (ECIR). Despite this, Kejriwal remains in judicial custody.
Further criticism was directed at the ED’s reliance on statements from co-accused to implicate Kejriwal. “ED has not shown anything on record that Vijay Nair was acting on Kejriwal’s directions. It has also failed to establish the relevance of relationships between co-accused to Kejriwal’s guilt,” the court stated.
On Thursday, the court granted Kejriwal bail, conditional on a ₹1 lakh bond, though the ED swiftly challenged this decision in the Delhi High Court. The High Court has temporarily halted Kejriwal’s release from jail.
Kejriwal was arrested by the ED on March 21, accused of conspiring to benefit certain liquor sellers through the now-scrapped Delhi Excise Policy for 2021-22. The ED alleges that kickbacks from these sellers funded AAP’s electoral campaign in Goa, holding Kejriwal liable for money laundering.
Denying the allegations, Kejriwal has accused the ED of extortion. The case also saw the arrests of former Deputy Chief Minister Manish Sisodia and MP Sanjay Singh, with Singh out on bail while Sisodia remains incarcerated.
In May, the Supreme Court granted Kejriwal interim bail to campaign for the Lok Sabha elections, with his return to jail on June 2. His recent application for interim bail on medical grounds was rejected on June 5, but his regular bail plea was later approved by the trial court, prompting the ED’s appeal to the High Court.
