Staying the lower court order, Justice Jain referred to an order passed by a coordinate bench of the Delhi HC in April wherein it had ruled out any mala fide on the part of the ED in arresting Kejriwal. The lower court judge, “after following the judicial discipline, should not have observed” in her order “that there was mala fide on the part of ED particularly in light of observation made” by the coordinate bench, it said.
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