In a big relief to Delhi Chief Minister Arvind Kejriwal, the Supreme Court today granted him interim bail until June 1st in a money laundering case related to the alleged Delhi excise policy scam. Mr. Kejriwal's arrest by the Enforcement Directorate on March 21 stirred considerable outrage across political circles. He is currently in judicial custody on his sixth stretch of remand till May 20.
The Chief Minister had actually moved the top Court against the Delhi High Court’s refusal to quash his arrest and remand to ED custody. However, on May 3, a Bench comprising Justices Khanna and Dipankar Datta made a surprise announcement that they were considering interim bail for the Delhi Chief Minister due to the ongoing Lok Sabha elections. While highlighting that the general elections afford a significant opportunity to the electorate to choose a government for the next five years, the judges today acknowledged that it would not be proper at this stage to direct the Chief Minister to approach a trial court for interim relief.
The interim bail was, however, vehemently opposed by Solicitor General Tushar Mehta who pointed out that the AAP supremo had skipped repeated summons by the ED in October and December last year citing Assembly and Rajya Sabha elections respectively. Yesterday, the central agency also filed an affidavit in the top court opposing any interim relief by asserting that if “unscrupulous” politicians are given bail for campaigning, none of them can ever be arrested, as elections are an “all-year-round phenomenon” in India.
While recognising that serious accusations have been made against the Chief Minister, the Court in its order today pointed out that he is neither a threat to society nor has any criminal antecedents which would justify the denial of interim relief. It also noted that the probe into the Delhi excise policy case has remained pending since August 2022.
During the proceedings today, senior advocate Abhishek Manu Singhvi appearing on behalf of Mr. Kejriwal requested the Bench to extend the grant of interim bail till June 5 by pointing out that the Lok Sabha election results are scheduled to be declared on June 4th. However, the Court declined any such extension.
So what are the conditions that the Court imposed while granting the Chief Minister interim bail?
(a) he shall furnish bail bonds in the sum of Rs.50,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent;
(b) he shall not visit the Office of the Chief Minister and the Delhi Secretariat;
(c) he shall be bound by the statement made on his behalf that he shall not sign official files unless it is required and necessary for obtaining clearance/ approval of the Lieutenant Governor of Delhi; (d) he will not make any comment with regard to his role in the present case; and (e) he will not interact with any of the witnesses and/or have access to any official files connected with the case.
The Court today also said that it intended to wrap up arguments on Mr. Kejriwal’s petition to quash his arrest next week and pronounce a judgment shortly. Meanwhile, the Chief Minister might walk out of the Tihar jail premises today and has been asked to surrender to prison authorities by June 2nd.
Today's development is expected to bolster AAP's electoral prospects as Mr. Kejriwal can now campaign for the party in the ongoing Lok Sabha elections, particularly in Delhi and Punjab, where the party is in power. Delhi and Punjab will vote on May 25 and June 1, respectively. The Chief Minister's interim bail ends on the last day of the seven-phased Lok Sabha elections. The votes will be counted on June 4th.
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Presentation: Aaratrika Bhaumik
Production: Shikha Kumari
