Kejriwal, the Aam Aadmi Party (AAP) national convenor, highlighted the deterioration of his health during his custody, stated it partly to the alleged negligent behaviour of the jail authorities.
NEW DELHI: On May 27th: The Delhi Chief Minister Arvind Kejriwal approached the Supreme Court for a seven-day extension of his interim bail in connection with the ongoing liquor policy scam case, citing severe health complications.
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In his application, Kejriwal stated that he experienced numerous health-related complications during his custody, which he partly attributes to the negligent and callous behavior of the jail authorities.
In his plea, Kejriwal mentioned that his interim bail period was primarily utilized for extensive campaigning within Delhi and across India, leaving him with limited time to address his health issues adequately. Despite his alarming health conditions, he managed only a brief health check-up at home, conducted by a senior physician from a renowned city hospital.
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.
The senior physician from Max Hospital, after a thorough clinical examination, has recommended a series of comprehensive tests, including a whole-body PET-CT scan and a Holter Monitor Test, to rule out any malignancies and monitor heart irregularities.
Kejriwal emphasized the necessity of these tests being performed sequentially over five to seven days, requiring him to wear a Holter monitor while continuing his daily activities.
The plea argued that these tests are critical to be completed before his surrender to prevent any further aggravation of his health conditions during his custody.
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The Chief Minister 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 present 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.
Kejriwal was arrested on March 21 in connection with a money laundering investigation related to alleged irregularities in the now-repealed Delhi excise policy of 2021-22. The Delhi High Court dismissed his challenge to the ED’s arrest on April 9.
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.
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Kejriwal is the third AAP leader 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.
The Supreme Court is on a summer break and will resume on July 8. While vacation benches will continue to function, the verdict on Kejriwal’s petition is expected only after regular sessions resume in July.
