Excise policy case: Delhi CM withdraws SC plea against stayed bail order

Delhi CM Arvind Kejriwal withdrew from the Supreme Court on Wednesday, 26 June his plea challenging the Delhi High Court order granting an interim stay on the operation of the trial court's bail order in a money laundering case linked to the alleged excise scam.

A vacation bench of Justices Manoj Misra and SVN Bhatti, which allowed Kejriwal to withdraw his plea, was told by the AAP leader's counsel senior advocate Abhishek Singhvi that since the high court has passed a detailed order on 25 June, he would like to file a substantial appeal.

Singhvi informed the bench that new developments were taking place every day and Kejriwal has now been arrested by the CBI.

"We would like to file a substantial appeal to bring on record all relevant details and challenge the 25 June order of the high court in which bail order was finally stayed," he said.

Solicitor General Tushar Mehta, appearing for the Enforcement Directorate (ED), said he has filed the reply to Kejriwal's plea which may be taken on record.

The bench recorded the submission and gave Kejriwal the liberty to file the appeal.

Earlier on Wednesday, a Delhi court allowed the CBI to formally arrest Kejriwal in connection with the alleged excise scam.

On Tuesday, 25 June, the high court stayed the trial court order granting Kejriwal bail in the case and held that the lower court did not "appropriately appreciate" the material placed before it by the Enforcement Directorate.

The top court had on 24 June termed "unusual" the high court's decision to reserve the order while granting an interim stay on the operation of the trial court's order granting bail to Kejriwal in the case.

The AAP leader was arrested on 21 March by the ED and granted regular bail by the trial court on 20 June.

In its bail order, the trial court had held that prima facie, Kejriwal's guilt was yet to be established and that the ED had failed to furnish direct evidence linking him to the proceeds of crime in the money laundering case.

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 ED and the Central Bureau of Investigation (CBI), irregularities were committed while modifying the policy and undue favours were extended to the licence holders.