Arvind Kejriwal to remain in Tihar jail as Delhi HC stays trial court's bail decision

The Delhi High Court on Tuesday stayed a trial court's decision to grant bail to Delhi Chief Minister Arvind Kejriwal, who was arrested by the Enforcement Directorate in a money laundering probe. The ED filed submissions on Monday with the Delhi HC, opposing any relief for Kejriwal in the Excise Policy money laundering case.

AAP will be appealing the stay in the Supreme Court, Kejriwal's representatives said.

"This Court is of the view that the Trial Court has not applied its mind and has not considered the material," the Delhi HC bench of Justice Sudhir Kumar Jain observed. The HC also noted that the trial court failed to appreciate the material placed before it by the investigative agency.


Special Judge Niyay Bindu, who sat as the vacation judge, granted bail to Kejriwal on June 20 in the money laundering case, saying the ED failed to furnish direct evidence linking him to the proceeds of crime in the money laundering case.

ED criticised the trial court's bail decision as illegal and unjust, urging the High Court to nullify it, alleging the trial judge made biased findings without fully reviewing the prosecution's evidence.

The investigative agency emphasized that newly collected evidence against the Aam Aadmi Party’s national convenor since 2023 was disregarded by the vacation judge. The Enforcement Directorate cited statements from 13 Angariyas, Goa AAP workers, and AAP office bearers as part of this new evidence.

Earlier, the Supreme Court adjourned for June 26 the plea of Kejriwal challenging Delhi HC’s order of granting an interim stay on bail while observing that doing so without passing a final order in the matter was "unusual."

"In stay matters, judgements are not reserved but passed on the spot. What has happened here is unusual. We will have it (case before it) the day after," the bench said.

The excise policy was scrapped in 2022 after the Delhi lieutenant governor ordered a CBI probe into alleged irregularities and corruption involving its formulation and execution. According to the CBI and ED, irregularities were committed while modifying the excise policy and undue favours extended to the licence holders.