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Usually High Court disciplines trial judges for giving bail. Because HC feels Trial Court Judges will threaten them. High Court Judges come from nepotistic families. Whereas Trial Judge's are selected on basis of a competitive exam.
A young Judge in Rouse Avenue Court risked her whole life and career to give the bail to Aravind Kejriwal.
Even thou Delhi High Court called her bail order perverse and delegitimised the trial judge.
She will embolden new trial judges to have a backbone.
Article on her
- Special Judge Niyay Bindu has served as a senior civil judge in the Rohini court, Delhi North West district.
- She has served as senior civil judge in Dwarka.
- She is well-versed with both civil and criminal law, according to reports.
In the order granting relief to Kejriwal, which was made available on Friday, the vacation judge held that prima facie, his guilt was yet to be established. “It may be possible that some persons known to the applicant are having involvement in an offence….but the ED has failed to give any direct evidence against the applicant in respect of the proceeds of crime," the judge said.
She also questioned the ED’s silence on Kejriwal’s assertion that he was arrested in the money laundering case related to the alleged excise scam without having been named in the Central Bureau of Investigation’s First Information Report (FIR) or the ECIR registered by the anti-money laundering agency. Enforcement Case Information Report (ECIR) is ED’s version of an FIR.
“This is also noticeable that ED is silent about the facts as to how the proceeds of crime have been utilized in Assembly Elections in Goa by AAP as, admittedly, after about two years, the bigger portion of the alleged amount remains to be traced out," the judge said.
Links
https://www.news18.com/india/who-is-niyay-bindu-judge-who-gave-bail-to-delhi-cm-arvind-kejriwal-in-liquor-policy-scam-case-8939927.html
Prabal
@RationalPrabal
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Niyay Bindu will be remembered as a very brave justice who didn't bow against this autocratic regime when judges are being killed on the morning walk🔥You have our respect🫡
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Bar and Bench
@barandbench
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12h
Replying to @barandbench
Judge Niyay Bindu observed ED has failed to give any direct evidence linking Kejriwal to proceeds of crime.
https://districts.ecourts.gov.in/ms-niyay-bindu-scjrc-25
https://www.barandbench.com/news/ed-acting-with-bias-against-arvind-kejriwal-delhi-court-bail-order