On Tuesday, the Supreme Court’s vacation bench referred Delhi Chief Minister Arvind Kejriwal’s plea for bail extension to Chief Justice of India DY Chandrachud, seeking guidance on its hearing scheduling.
NEW DELHI: On Tuesday (28th May): A vacation bench of the Supreme Court forwarded Delhi Chief Minister Arvind Kejriwal’s request for bail extension to Chief Justice of India DY Chandrachud for guidance on scheduling the petition for hearing. The leader of the Aam Aadmi Party (AAP) is seeking a seven-day extension to his interim bail, which is due to end on June 1.
READ ALSO: [Breaking] Arvind Kejriwal Moves to SC Seeking 7-Day Interim Bail Extension
“The matter has been heard and reserved, and we are unable to take any action. It was heard and reserved on May 17. Please present it to the Chief Justice of India for suitable directives,” stated the Court today.
“Only 7 days extension. This is just a medical extension and not abuse of liberty,” Singhvi submitted.
However, the Court said only the CJI can take a call on the listing.
It further asked why the application was not mentioned before Justice Dipankar Datta who was heading a vacation bench last week.
On May 27th, Delhi Chief Minister Arvind Kejriwal filed a plea seeking a seven-day extension of his interim bail on medical grounds.
In his plea, the Aam Aadmi Party (AAP) chief mentioned that he has lost 7 kg since his arrest and has elevated ketone levels, which could indicate a serious illness. Kejriwal is seeking this extension to undergo medical tests.
The plea further states:
Delhi Chief Minister has lost approximately six to seven kilograms of weight, which he has not regained since his release on interim bail. It adds, “He has also begun experiencing periodic episodes of dizziness, palpitations, and extreme fatigue.”
“The appellant, Kejriwal, requests an extension of his interim bail by one week to undergo the prescribed tests and obtain the results. He plans to complete all these tests during the working week from June 3, 2024 (Monday) to June 7, 2024 (Friday), and then surrender on the weekend, June 9, 2024,” stated the plea.
“Recent test reports confirm that Kejriwal has developed unusually high blood glucose levels and high ketone levels in his urine, suggesting not only elevated blood sugar but also potential kidney complications and damage,” stated Kejriwal’s plea.
Earlier, the Supreme Court, on May 10th, granted interim bail to jailed Delhi Chief Minister (CM) Arvind Kejriwal until June 1 in the money laundering case registered against him by the Enforcement Directorate (ED) in connection with the Delhi excise policy.
READ ALSO: Arvind Kejriwal to Get Interim Bail? | Supreme Court to Consider it Today
The Enforcement Directorate (ED) strongly opposed the Supreme Court’s proposal to grant interim bail to Delhi Chief Minister Arvind Kejriwal, who is currently detained in connection with a money laundering case linked to the Delhi excise policy. Kejriwal, who was arrested by the ED on March 21, is housed in Tihar Jail as the legal proceedings continue.
The Supreme Court, while reviewing Kejriwal’s petition challenging his arrest and subsequent remand by the ED, considered allowing him interim bail to participate in the campaigning for the upcoming Lok Sabha elections. However, the court stipulated that if granted interim bail, Kejriwal would be barred from performing any official duties as Chief Minister.
The Chief Minister was initially granted interim bail by the Supreme Court on May 10 to allow him to campaign for the Lok Sabha polls, with a directive to surrender by June 2. However, due to his extensive campaigning schedule, particularly in Punjab, he has not had the adequate time to undergo the prescribed medical tests.
Kejriwal’s counsel presented the application before a vacation bench led by Justice AS Oka on Tuesday, aiming for a hearing before his required surrender on June 2.
The Supreme Court granted Kejriwal temporary bail on May 10 until June 1, despite the Enforcement Directorate’s (ED) objections. The ED argued that releasing him for political campaigning would show preferential treatment for politicians, but the court emphasized the importance of elections in a democracy.
Background
Arvind Kejriwal, the leader of the Aam Aadmi Party (AAP), has challenged his arrest and remand by the ED in a money laundering case related to alleged irregularities in the framing of the Delhi excise policy for 2021-2022. The ED’s investigation stems from a case registered by the Central Bureau of Investigation (CBI) in 2022 based on a complaint filed by Delhi Lieutenant Governor VK Saxena.
During the hearing, the Supreme Court questioned the timing of Kejriwal’s arrest, particularly in light of the upcoming Lok Sabha elections in 2024. The court emphasized that it may consider granting interim bail due to the elections but clarified that no final decision had been made. The court urged both sides to be considerate and not make assumptions about the outcome. It also raised concerns about whether Kejriwal, as the Chief Minister, should be signing any files while in custody.
The court discussed the possibility of booking the AAP under the Prevention of Money Laundering Act (PMLA) and the potential liability of Kejriwal as the person in charge of the political party. The court stated that if the AAP is viewed as a juristic person or a company and accused, the principle of vicarious liability would apply, making Kejriwal potentially liable. However, Kejriwal’s counsel argued that Section 70 of the PMLA, which deals with “companies,” was not intended to cover political parties.
The court also deliberated on whether the ED is required to disclose the entire material collected during its investigation or only a part of it. The ED argued that recording all the material in writing would be impractical and burdensome for the investigating officers. The court sought clarification on the threshold for arresting an accused under the PMLA, noting that “reasons to believe” should go beyond mere suspicion.
READ ALSO: BREAKING | Supreme Court Grants Bail to Arvind Kejriwal Until June 1, 2024
In his appeal to the Supreme Court, Kejriwal addressed his arrest as part of a politically motivated witch hunt by the ruling BJP at the Centre, stressing the broader implications for democratic governance and the rule of law.
Kejriwal is the third AAP leader to be arrested in this case. Former Deputy Chief Minister Manish Sisodia was detained in February 2023 and remains in custody. AAP Rajya Sabha member Sanjay Singh was released on bail on April 2 after the Supreme Court questioned the need for his continued detention given the lack of concrete evidence and the absence of any recovered money linking him to the alleged money laundering offense.
On May 16, the Supreme Court heard Kejriwal’s petition challenging his ED arrest. The court rejected the ED’s claim that granting interim bail and addressing the legality of his arrest was an “exceptional” move, asserting that all individuals, regardless of their status, have the right to seek legal remedies.
A bench of Justices Sanjiv Khanna and Dipankar Datta upheld that the Constitution allows people to directly approach constitutional courts against arbitrary or illegal detention, affirming that the right to judicial review of an arrest is a fundamental legal entitlement for every citizen.
The court reiterated its May 10 order, stating that Kejriwal must surrender on June 2 after his 21-day interim bail for political campaigning ends.
“Our order is very clear. We have set a timeline, and that’s the direction of the apex court. If the rule of law is to be followed, it has to be in compliance with the order,” the bench stated.
The court addressed a complaint by Solicitor General Tushar Mehta, representing the ED, regarding Kejriwal’s May 12 statement during a Delhi roadshow, where he claimed he would not return to jail if Delhi voted for AAP.
While Mehta called this statement a “slap on the system,” the bench noted that it might be Kejriwal’s “assumptions,” as the May 10 order clearly defines the interim bail period.
During the May 17 hearing, the ED revealed new evidence of chats between Kejriwal and hawala operators, which the agency argues are crucial in connecting the proceeds of crime in the Delhi excise policy case to AAP’s 2022 Goa election campaign and Kejriwal’s involvement in the conspiracy.
This revelation coincided with the ED filing a fresh supplementary charge sheet in a Delhi trial court, naming Kejriwal and AAP as accused in the money laundering case related to the excise policy for the first time.
The bench has reserved its judgment on Kejriwal’s petition to invalidate his arrest. During the hearings, the court examined the sufficiency of evidence in Kejriwal’s case and raised significant questions about the fairness of the investigative process and the consideration of exculpatory materials.
