Excise policy case: Delhi CM’s bail order ‘perverse’, says ED; agency levelled absurd claims, replies Kejriwal

A single-judge bench of Justice Sudhir Kumar Jain is set to pronounce the order at 2.30 pm Tuesday. It had permitted both parties to file short, written submissions by June 24.

In its written note filed before the HC Monday, the ED said the findings are “perverse on both facts and law” as the trial court hurried up and cut short the agency’s arguments without permitting it to “properly argue and address the prosecution case”.

On the ED’s contention that the bail order is perverse, the CM said the level of perversity has to be so “grave and deep” that would go to the root of the matter and perversity cannot be judged on “fanciful imaginations, prejudices, beliefs and arbitrary ipse dixit of the investigating agency”.\

“In any event, a critical aspect has not been touched upon by the ED which is as to what prejudice and irreversible damage will be caused if the respondent was allowed to be released on bail pursuant to an order which may be set aside, if at all, later in time… There was no case made out by the ED which would consequently make them entitled to the relief of stay thereof that was granted to them,” the CM has said.

The ED, in its reply, pointed to the twin mandate of Section 45 of the Prevention of Money Laundering Act (PMLA) and said the trial court’s order suffers from a “jurisdictional defect” since neither the public prosecutor was given a proper opportunity to place the prosecution’s case during the hearing nor has the trial court, while granting bail, recorded its satisfaction that “there are reasonable grounds for believing he is not guilty of such offence”.

The CM, in his reply, said the ED in its plea has levelled “absolutely absurd, most uncalled for, unjustified and unwarranted insinuations” claiming it did not get sufficient opportunity to argue the matter. “If despite arguing for several hours before the Special Judge, the claim is that insufficient opportunity was given to the ED, it may well be… concluded that they do not have any case to argue but only to cause prejudice and hurl invectives…,” the CM’s note submits.

Kejriwal said he is gravely aggrieved by the stay on his bail which has rendered justice to be a casualty and it ought not to be continued even for a moment any further. “The Hon’ble Supreme Court has repeatedly held that ‘deprivation of liberty even for a single day is one too many’,” the CM said.

Kejriwal said the trial court while granting bail dealt with the aspect of twin conditions (under Section 45 PMLA) “elaborately and took into account long-winding submissions from both sides”.

“… The argument raised by the ED that ‘irrelevant materials have been considered’ will not only be tantamount to dictating (to) the court as to the course to be adopted but also demonstrate an element of arrogance that has crept into the mind of this particular investigating agency,” the note submits.