[BREAKING] "Suffered For 90 Days": SC Grants Interim Bail To Arvind Kejriwal | Refers Legal Question On PMLA To Larger Bench

The Supreme Court Today (July 12th) granted interim bail to Delhi Chief Minister Arvind Kejriwal in the excise policy case, saying the AAP supremo “suffered incarceration of 90 days”. However, Kejriwal will remain in Tihar Jail as he was also arrested by the Central Bureau Of Investigation (CBI) in connection with the corruption case related to the alleged liquor policy scam.

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[BREAKING] "Suffered for 90 Days": SC Grants Interim Bail to Arvind Kejriwal | Refers Legal Question on PMLA to Larger Bench

NEW DELHI: The Supreme Court today (July 12th) granted interim bail to Delhi Chief Minister Arvind Kejriwal in the excise policy case, noting that the AAP supremo

“suffered incarceration of 90 days”.

However, Kejriwal will remain in Tihar Jail as he was also arrested by the Central Bureau Of Investigation (CBI) in connection with the corruption case related to the alleged liquor policy scam.

A Bench of Justices Sanjiv Khanna and Dipankar Datta stated that certain legal questions raised by Kejriwal in his plea challenging his arrest need to be considered by a larger bench of the top court.

Hence, while referring the same to a larger bench, the Court deemed it fit to release Kejriwal on interim bail.

“Given right to life is concerned and since matter is referred to larger bench, we direct Arvind Kejriwal to be released on interim bail,”

-the Court ordered.

Despite bail in the ED case, Kejriwal will continue to remain in jail since he is in custody in the case initiated by the Central Bureau of Investigation (CBI) as well, in relation to the same excise policy.

The Supreme Court emphasized that courts cannot mandate Kejriwal to resign due to his arrest, stating the decision rests with him.

The bench had earlier granted interim bail to Kejriwal up until June 1 to enable him to campaign for the Lok Sabha elections. Kejriwal had returned to jail after his bail period got over.

Kejriwal was arrested by the ED on March 21 in a case alleging that a criminal conspiracy was hatched by Aam Aadmi Party (AAP) leaders, including Kejriwal, Sisodia, and others to create loopholes in the Delhi Excise Policy of 2021-22 to favour some liquor sellers for undue favours.

The Delhi High Court had earlier rejected Kejriwal’s plea against his arrest, prompting him to move the apex court by way of the present appeal. The Supreme Court reserved its verdict in the appeal against the same, on May 17.

Meanwhile, Kejriwal had separately applied for bail, and the trial court had on June 20 granted him bail and ordered his release subject to a bail bond of Rs 1 lakh. However, this order was stayed by the Delhi High Court on June 25.

Kejriwal initially filed an appeal before the Supreme Court against the same but later chose to withdraw it in order to file a fresh appeal.

BACKGROUND

The bench comprising Justices Sanjiv Khanna and Dipankar Datta reserved their judgment on May 17.

Arvind Kejriwal, who also leads the Aam Aadmi Party (AAP), was apprehended by the ED on March 21 in connection with a money laundering case tied to the alleged Delhi liquor policy scam. He has contested the April 9 decision of the Delhi High Court, which validated his arrest in this matter.

The Delhi High Court had confirmed the 55-year-old politician’s arrest, stating there was “no illegality” involved and noting that the central investigative agency had “little option” left after Kejriwal ignored repeated summonses and refused to participate in the investigation.

On April 15, the Supreme Court requested a response from the central probe agency regarding Kejriwal’s plea challenging his arrest.

On May 10, the Supreme Court granted Kejriwal a 21-day interim bail to campaign for the Lok Sabha elections. He was instructed to surrender on June 2, one day after the final phase of the seven-phased elections was scheduled to conclude.

Subsequently, on June 20, a trial court in Delhi granted Kejriwal bail in the case. However, the ED appealed this decision the next day to the Delhi High Court, arguing that the trial court’s order granting bail was “perverse”, “one-sided”, and “wrong-sided”, with conclusions based on irrelevant facts.

On June 21, the Delhi High Court imposed an interim stay on the trial court’s bail order pending a decision on the ED’s application for interim relief. Following this, on June 25, the High Court issued a detailed order maintaining the stay on the trial court’s decision.

Arvind Kejriwal, the Chief Minister of Delhi, was arrested by the Central Bureau of Investigation (CBI) five days after a related enforcement by the ED, this time concerning a corruption case linked to the controversial Delhi liquor policy scam. This case continues to unravel layers of alleged maladministration and purported favoritism.

Central investigative agencies have highlighted significant irregularities in the modification of the Delhi government’s excise policy for the fiscal year 2021-22. Accusations include providing undue advantages to certain licensees, which have stirred considerable controversy and scrutiny.

In November 2021, the Delhi government introduced a revamped policy aimed at transforming the liquor trade within the national capital. Spearheaded by Kejriwal’s administration, this policy ceased the sale of alcohol through government outlets, opening the avenue for private entities to secure licenses to operate retail stores. The government advocated that this change would curb black marketing, boost the Delhi government’s revenues, and provide tangible benefits to consumers.

However, this new policy was short-lived. Amid rising criticism and alleged procedural lapses, the Kejriwal-led government decided to revert to the previous liquor policy, abandoning the newly established regulations.