Conclusion: Individual Liberty Versus ED’s Stance
The order seems to prioritize the protection of individual liberty, with a critical view of some of the ED's methods and the evidence presented. The judge’s skepticism towards the investigative approach and the emphasis on the presumption of innocence played a significant role in the decision to grant bail to Arvind Kejriwal, including the satisfaction of the twin conditions under section 45. This decision highlights the ongoing challenges and debates surrounding the stringent provisions of the PMLA and their impact on individual rights.
Upcoming Court Proceedings and Anticipated Decisions
Delhi High Court's Decision on Stay Application: While the Delhi High Court is expected to decide on the ED's stay application regarding the bail order by Monday, 24th June 2024, it will be interesting to observe the final order passed. Until the decision on the ED’s stay application is made, Kejriwal will remain in judicial custody in Tihar Jail.
Supreme Court's Reserved Judgement on Legality of Arrest: As these proceedings unfold, it is worth noting that the Supreme Court has reserved its judgement on Kejriwal’s Special Leave Petition (SLP) concerning the very “legality of arrest,” which is qualitatively distinct from the bail application, and the final order is likely to be pronounced in the month of July.
Ongoing Litigation and Future Developments
Be that as it may, the litigation is far from over, with both parties contesting tooth and nail. The final outcomes in these legal battles will have significant implications for the interpretation and application of the PMLA, particularly regarding the protection of individual liberties and the methods employed by investigative agencies. Additionally, these outcomes will significantly impact the politics and internal dynamics of the AAP, especially in the context of Delhi and Punjab.