The Delhi High Court recently stayed the bail order of Delhi Chief Minister Arvind Kejriwal, who is currently in Tihar Jail under charges related to the Prevention of Money Laundering Act (PMLA) in the Delhi excise policy case. This decision came after the Enforcement Directorate (ED) challenged the trial court’s bail order. The high court cited the trial court’s failure to apply the ‘twin test’ under Section 45 of PMLA as a key reason for the stay.
BulletsIn
- High Court’s Decision: The Delhi High Court put Kejriwal’s bail on hold, stating that the trial court did not properly consider the evidence presented by the ED.
- ED’s Argument: The ED challenged the bail, calling the trial court’s order “perverse” and “one-sided” and claimed they were not given adequate opportunity to argue their case.
- ‘Twin Test’ Under PMLA: Section 45 of the PMLA requires two conditions for bail: the public prosecutor must have an opportunity to oppose bail, and the court must be satisfied that the accused is not guilty and is unlikely to commit an offence while on bail.
- Legal Amendments: In March 2018, the Centre amended PMLA to revive the twin conditions for bail, making it more stringent.
- Supreme Court Ruling: In 2017, the Supreme Court deemed Section 45 of PMLA unconstitutional for being arbitrary, but the 2018 amendment aligned it with other stringent laws.
- Trial Court’s Bail Order: The trial court granted bail to Kejriwal on June 20, citing a lack of direct evidence linking him to proceeds of crime.
- Judge’s Observations: Special Judge Niyay Bindu stated that the ED failed to provide concrete evidence against Kejriwal and questioned why he was not named in the CBI FIR or the ECIR.
- Presumption of Innocence: The trial court emphasized the legal principle that a person is presumed innocent until proven guilty, criticizing the ED’s approach.
- Benjamin Franklin Quotation: The judge cited Franklin, emphasizing the importance of ensuring innocent people are not wrongfully punished.
- Impact on Kejriwal: The high court’s stay on bail means Kejriwal remains in jail as the ED continues its investigation, reflecting the stringent application of PMLA’s twin conditions.
