Today(on 10th May), Justice Sanjiv Khanna and Dipankar Datta will consider granting interim bail to Delhi Chief Minister Arvind Kejriwal for campaigning during the ongoing general elections, despite strong opposition from the Enforcement Directorate.
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NEW DELHI: Justice Sanjiv Khanna, the second senior-most judge of the Supreme Court and a potential future Chief Justice of India, plays a pivotal role in deciding the fate of the Aam Aadmi Party (AAP) in relation to the alleged liquor scam.
Over the course of the last year, the Aam Aadmi Party has confronted escalating pressure stemming from the unfolding “liquorgate” scandal. Numerous senior party members have been apprehended, triggering a series of legal confrontations. These matter have encountered multiple setbacks in diverse courtrooms, with only sporadic instances of reprieve for the party. This scenario has heightened the importance of the Supreme Court, where Justice Sanjiv Khanna has presided over several of these proceedings.
Justice Khanna has been assigned to hear several cases related to the liquor scam allegations. Being the “master of the roster,” the Chief Justice of India determines which judge will handle specific cases. Consequently, Justice Khanna’s decisions hold significant weight and may shape the future of the Aam Aadmi Party.
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Today(on 10th May), a bench led by Justice Sanjiv Khanna and Dipankar Datta will deliberate on whether to grant interim bail to Delhi Chief Minister Arvind Kejriwal, enabling him to campaign during the ongoing general elections. The Enforcement Directorate (ED) has vehemently opposed interim bail, arguing that the right to campaign is not a fundamental, constitutional, or legal right.
The Supreme Court’s ruling on this matter will also address the legality of Kejriwal’s arrest in the ED case, potentially influencing the powers of the ED to make arrests. Kejriwal’s plea challenges the legality of his arrest and remand, with Justice Khanna’s bench specifically focusing on Section 19 of the Prevention of Money Laundering Act (PMLA), which pertains to the ED’s arrest powers.
In a previous ruling on October 30, the bench comprising Justices Sanjiv Khanna and SVN Bhatti denied bail to former Deputy Chief Minister Manish Sisodia in the Excise policy case. However, the bench granted Sisodia the liberty to seek bail from the lower court if his trial faced delays. Subsequently, the same bench granted bail to Benoy Babu, an executive of liquor giant Pernod Ricard, in December 2023.
Moreover, on March 22, 2024, a bench comprising Justices Sanjiv Khanna, MM Sundresh, and Bela M Trivedi refused to grant relief to BRS legislator K Kavitha in the same case. Justice Khanna emphasized the importance of upholding statutory and constitutional values even when dealing with political figures. Shortly after, another bench consisting of Justices Sanjiv Khanna, Dipankar Datta, and PB Varale granted bail to Aam Aadmi Party MP Sanjay Singh after the ED reluctantly consented to his release.
Despite different benches and judge compositions handling the Delhi excise policy case, Justice Sanjiv Khanna has been consistently involved in these proceedings. As the bench led by Justice Khanna prepares to rule on Arvind Kejriwal’s interim bail and his original plea challenging his arrest, it is evident that his decisions hold tremendous significance. Additionally, if the high court rejects Manish Sisodia’s pending appeal, his bail plea will also eventually reach the Supreme Court, where Justice Khanna’s involvement is likely.
