The Supreme Court of India Today (May 10th), decided to grant interim bail to Delhi Chief Minister Arvind Kejriwal until June 1, 2024, amid considerations of the upcoming elections. This decision comes after a series of intense legal debates surrounding Kejriwal’s arrest and subsequent judicial proceedings.
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NEW DELHI: The Supreme Court Today granted interim bail to jailed Delhi Chief Minister (CM) Arvind Kejriwal till June 1 in the money laundering case registered against him by the Enforcement Directorate (ED) in connection with the Delhi excise policy.
A Bench of Justices Sanjiv Khanna and Dipankar Datta passed the order.
The bench has asked Kejriwal to surrender on June 2.
The bench said,
“Let us not draw any parallel. He was arrested in March and the arrest could have been before or after. Now, after 21 days, there won’t be any difference. On June 2, Arvind Kejriwal will surrender.”
Advocate Abhishek Manu Singhvi, who represented Kejriwal during the hearing, asked the court whether Kejriwal could get interim bail for June 5.
To this, Justice Khanna replied,
“No.”
Solicitor General Tushar Mehta, who appeared for the ED, told the court that Kejriwal should not speak about the case and surrender on the date specified.
Shadan Farasat, representing Kejriwal, expressed efforts to secure Kejriwal’s release from Tihar Jail today itself after the Supreme Court granted interim bail until June 1.
“The interim bail extends till June 1, with surrender on June 2. This was conveyed orally; we await the order upload on the Supreme Court website to ascertain further details. Our priority is to ensure Kejriwal’s release today,”
-stated Farasat.
Following the Supreme Court’s interim bail order, Kejriwal’s legal team will proceed to the trial court for the preparation and transmission of the release order to Tihar Jail authorities, according to sources. Kejriwal’s release from jail will be facilitated only upon receipt of the trial court’s release order, they added.
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.
This money laundering investigation is an extension of a 2022 case initiated by the Central Bureau of Investigation (CBI), following a complaint by Delhi’s Lieutenant Governor VK Saxena. Allegations suggest a conspiracy by AAP leaders, including Kejriwal and former Deputy Chief Minister Manish Sisodia, aimed at manipulating the Delhi Excise Policy of 2021-22 to benefit specific liquor vendors.
During the legal proceedings on May 7, the Supreme Court hinted at possibly allowing Kejriwal interim bail, sparking discussions about the implications of such a decision, especially in light of the approaching elections. The ED, however, maintained that Kejriwal should not receive special treatment compared to other individuals facing criminal charges, simply because of his political status.
Kejriwal’s legal team argued that while the Chief Minister is not exempt from prosecution, his rights as a citizen should be respected equally with others. This argument was bolstered by the Supreme Court’s earlier inquiry into the timing of Kejriwal’s arrest, suggesting a need for careful consideration of the political and legal nuances involved.
PREVIOUSLY IN APEX COURT
Justice Sanjiv Khanna, who earlier also headed the bench which heard Kejriwal’s petition against his arrest in the case, said,
“We will pronounce the interim order (on interim bail) on Friday. The main matter related to the challenge to arrest will also be taken on the same day.”
The charges against Kejriwal arise from allegations of orchestrating a criminal conspiracy alongside other leaders of the Aam Aadmi Party (AAP), including former Deputy Chief Minister Manish Sisodia, to manipulate the Delhi Excise Policy of 2021-22 to benefit certain liquor vendors. This investigation by the ED follows an initial probe by the Central Bureau of Investigation (CBI) instigated by a complaint from Delhi Lieutenant Governor VK Saxena in 2022.
Since his arrest on March 21, Kejriwal has been held at Tihar Jail. The ED has argued that Kejriwal, despite his political stature, should not receive preferential treatment in judicial proceedings.
In response, Kejriwal’s legal team has argued that his rights as an individual are equivalent to those of any other citizen, irrespective of his political role.
“Suppose we grant interim bail on account of elections. Then if you say you will attend to office then it may have cascading effect.. Dr Singhvi if we give any interim bail we do not want you to be performing official duties as somewhere it will lead to conflict. We do not want interference at all in the working of the government,”
-the Court remarked.
However, in the same breath, the Court had also remarked on Tuesday,
“Let us see whether at all it (interim bail) should be given or not.”
During previous court sessions, the Supreme Court expressed concerns regarding the timing of Kejriwal’s arrest ahead of the 2024 Lok Sabha elections and hinted at the possibility of granting him interim bail to participate in the electoral campaign.
However, the justices emphasized that, should bail be granted, Kejriwal would be prohibited from performing any official duties as Chief Minister to prevent any potential conflicts or interference with government operations.
The Court’s deliberation continues as it considers the implications of granting interim bail, with a decision expected to be announced imminently.
Click Here to Read Previous Reports on Arvind Kejriwal
Click Here to Read Previous Reports of Delhi Excise Policy Scam
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