The Enforcement Directorate on Friday criticised the Delhi court's order granting bail to chief minister Arvind Kejriwal in the excise policy case, calling it ‘perverse’.
SV Raju, additional solicitor general, while appearing for the ED argued in the high court that full opportunity was not provided to the central probe agency to oppose the Aam Aadmi Party convenor's bail.
Here are 10 things the ED counsel said in the high court:-
1. “When turn of my friend came, he said I will be brief. He never touched anything & glossed over everything in the cursory manner. When I argued, I was told 15 minutes but I said that I would need 1/2 hours & it has been mentioned by Bar & Bench that my arguments were curtailed,” Raju said in the high court.
2. Continuing his arguments, Raju alleged that the trial court made the decision without hearing the ED and considering the documents presented by the agency saying that the same are bulky. "There can’t be a more perverse order than this,” the ASG said before the high court vacation bench of justice Sudhir Kumar Jain.
3. “Matter has been decided without considering the documents. Without considering the documents, how can you come to the finding that they are relevant or irrelevant. Without perusing the documents, you say that they are “irrelevant.” Even this is perverse,” Raju added.
4. The ASG alleged that “he was not heard” and his arguments were truncated.
5. While challenging the city court order, ASG Raju argued that trial court has come to the conclusion that EDs conduct is ‘malafide’ by considering wrong dates. He says that the trial court order notes that the material was available with the ED in July 2022 but the probe agency had registered ECIR in the case in August 2022.
6. The ED counsel said that the trial court order noted that Kejriwal was called in August 2023 but he was instead summoned in October 2023. Raju said that the Supreme Court has not stayed high court's April 9 order affirming the legality of Kejriwal’s arrest.
7. During the hearing, the Enforcement Directorate counsel argued that the trial court considered “irrelevant facts” and failed to consider the relevant facts while granting bail. He adds that the trial court’s order is ‘totally perverse’.
8. “Bribe givers have said that he (Kejriwal) had demanded ₹100 crore but it was not considered,” Raju added. When the hearing resumed, he said that the trial court’s observation that ED has failed to give any direct evidence against the applicant in respect of the proceeds of crime is “a wrong statement.”
“This is a wrong statement. ED presented Magunta Reddy’s statement that ₹100 crore was demanded from the South Group,” the ASG added.
9. Raju argued that the ED has all the statements to show that Kejriwal demanded ₹100 crore. He added that the trial court order is “perverse” “one sided” “lopsided”.
10. Raju said before high court that the trial court citing famous saying of Benjamin Franklin that "It is better that 100 guilty persons should escape than an innocent person should suffer" is something that would be applicable at the stage of trial and not at the case of “bail.”