New Delhi. Arvind Kejriwal may be getting relief from the Supreme Court order. But one line of the 64-page decision of the Supreme Court can increase the problems of Kejriwal in the future. The Supreme Court, in its decision in the case of Arvind Kejriwal, said that while arresting a person in a money laundering case, the ED cannot ignore the facts/evidence which favor the accused. The court said that the investigating officer cannot be allowed to be ‘selective’ regarding the evidence. It cannot be possible that the officer takes a decision only on the basis of material which may implicate the accused in the case.
While granting bail to Arvind Kejriwal, the Supreme Court told the ED that the investigating officer should also consider the facts which are in favor of the accused. Under Section 19 of PMLA, officers cannot use the power of arrest as per their wish. The Supreme Court has said that the data of cases and arrests registered by ED raises the question whether ED has any policy of its own regarding arrests. The court has said that the ED should maintain ‘equal attitude’ towards all the accused.
What did the Supreme Court say on the last line?
In the last line of the Supreme Court’s decision, the judges have written such a thing that if the lower court or the High Court takes any decision, then the order given by the highest court of the country can be stayed. The Supreme Court has made it clear in the last line of the order granting interim bail to Kejriwal that the observations made in this decision should not be considered as the opinion of the court regarding this case/allegation. The court has made it clear that if the question of Kejriwal’s regular bail is pending somewhere, then the judge will take a decision on it on the basis of the facts/evidence available with him without being influenced by this decision.
What is the High Court’s order regarding Kejriwal?
Let us tell you that this comment of the Supreme Court is important because the issue of regular bail of Kejriwal in the ED case is still pending in the Delhi High Court. The High Court has to decide whether Kejriwal’s bail granted by the lower court should be maintained or cancelled.
According to the decision of the Supreme Court, the judges of the High Court are independent. If he wants, he can either maintain or cancel the regular bail decision given by the lower court. The important thing will be that if the High Court cancels the regular bail in the ED case, then there will be no justification for the interim bail granted by the Supreme Court today.
Tags: Arvind kejriwal, Delhi liquor scam, Supreme Court
FIRST PUBLISHED: July 12, 2024, 18:36 IST
