Delhi HC stays bail, Delhi CM Arvind Kejriwal to remain in jail

economictimes.indiatimes.com:

Delhi High Court on Tuesday stayed a lower court's last week's order granting bail to Delhi CM Arvind Kejriwal in the excise policy case. Justice Sudhir Kumar Jain observed that the lower court judge granted the bail «without going through and appreciating» the material brought on record by the Enforcement Directorate, «which reflects perversity in the order».

Commenting on the lower court's observation that it need not dwell into voluminous documents pertaining to the case, the high court said: «It is not understandable that on one hand, the vacation judge has expressed her inability to go through the entire documents stated to have been running into thousands of pages… and on the other hand, how… (she) has mentioned that relevant arguments and contentions raised on behalf of the parties are dealt with».

The HC found «factual force» in the contention raised by the ED that the lower court judge «has not passed the order after due consideration of entire material on record».
It also said the observation made by the lower court judge was «uncalled for, unwarranted and out of context.

The vacation judge should refrain from making such observations in the order». Holding that the lower court «was required to consider every important and relevant document at time of passing of the order», the high court said every court was under an obligation to give sufficient and appropriate opportunity to the parties involved.

The ED should have been given adequate opportunity to advance arguments on the bail application by the vacation judge, it said.