Delhi High Court Stays Arvind Kejriwal’s Bail, Leaving AAP’s Future Uncertain

A day after securing bail from a trial court in a money laundering probe linked to the Delhi excise policy case, Delhi Chief Minister Arvind Kejriwal relief was short-lived as the Delhi High Court halted the order pending further hearings. The Enforcement Directorate (ED) swiftly moved the High Court on 21 June to challenge the […]

Arvind Kejriwal Bail: The Implications for Delhi CM and AAP
by Sanvi Choudhary - June 21, 2024, 3:54 pm

A day after securing bail from a trial court in a money laundering probe linked to the Delhi excise policy case, Delhi Chief Minister Arvind Kejriwal relief was short-lived as the Delhi High Court halted the order pending further hearings. The Enforcement Directorate (ED) swiftly moved the High Court on 21 June to challenge the lower court’s decision, creating an uncertain future for the Aam Aadmi Party (AAP) leader.

Arrest and Interim Bail

Arvind Kejriwal was arrested by the ED on 21 March and has been in judicial custody at Tihar Jail since 1 April. His interim bail allowed him temporary freedom to campaign for the recent Lok Sabha elections. However, after a brief respite, his regular bail was contested by the ED, claiming the agency had substantial evidence linking Kejriwal to illicit fund transfers via hawala channels, purportedly used in AAP’s Goa Assembly election campaign.

Legal Battle and Controversy

Special Judge Niyay Bindu granted Kejriwal bail on Thursday, rejecting the ED’s plea to delay the order by 48 hours. Additional Solicitor General SV Raju, representing the ED, accused Kejriwal of non-cooperation, particularly regarding the disclosure of phone passwords. Raju argued that under Section 70 of the Prevention of Money Laundering Act (PMLA), Kejriwal, as the head of AAP, bore responsibility for any illegal activities linked to his party.

Kejriwal’s defense, led by Senior Advocate Vikram Chaudhri, countered by questioning the timing of the arrest, suggesting it was politically motivated, coinciding with the Lok Sabha polls. Chaudhri dismissed the ED’s evidence as unreliable, claiming it was based on coerced statements from detained individuals who had turned approvers.

Political Consequences

The bail order was a significant moment for AAP, which hailed it as a “victory of truth.” Senior AAP leader Sanjay Singh criticized the BJP, alleging that the entire case was a part of a broader political conspiracy. This sentiment was echoed across AAP’s ranks, bolstering the party’s narrative of political victimization.

However, BJP leader Manjinder Sirsa dismissed the notion that the bail indicated a lack of evidence against Kejriwal, emphasizing that the same court had earlier ordered his detention. The BJP is poised to leverage these allegations in the upcoming Delhi Assembly elections, aiming to undermine AAP’s credibility.

AAP’s Strategic Outlook

Despite a poor showing in the Lok Sabha elections, where AAP failed to secure any seats in Delhi and managed only three in Punjab, the party remains focused on the forthcoming Assembly elections. An AAP insider stressed the importance of regrouping and strategizing to secure a third term, drawing parallels to their previous rebounds in 2014 and 2019.

Kejriwal’s release could rejuvenate the party’s base, providing momentum for the crucial elections. However, the Delhi CM faces pressing issues, such as the city’s ongoing water crisis and administrative challenges, which require immediate attention. The implementation of the Mukhyamantri Mahila Samman Rashi scheme, which promises financial aid to eligible women, is likely to be a priority.

Future Challenges

The Mayoral elections, pending since April, and a potential reshuffle of the National Capital Civil Services Authority (NCCSA), which handles bureaucratic affairs in Delhi, are also on the horizon. Kejriwal’s ability to navigate these challenges while under the shadow of the money laundering allegations will be crucial.

The Delhi High Court’s decision to stay the bail order leaves Kejriwal in a precarious position. While his bail has provided a temporary boost to AAP’s morale, the ongoing legal battle and the political ramifications of the case could significantly impact both Kejriwal’s political future and AAP’s performance in the upcoming Delhi Assembly elections. The outcome of the High Court’s review will be a pivotal moment for Kejriwal and his party, determining their trajectory in the complex landscape of Delhi politics.