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Supreme Court to decide on interim bail to CM Kejriwal on May 9
KV Prasad Jun 13, 2022, 06:35 AM IST (Published)
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Summary
The ED had opposed the court’s view saying it may not create separate class for politicians.
The Supreme Court on Tuesday, May 7, said it will decide on interim bail for Delhi Chief Minister Arvind Kejriwal on May 9, Thursday.
The court told the Enforcement Directorate (ED) that it needed to consider interim bail for Kejriwal as “it is an extraordinary situation as he is a chief minister.” The ED had opposed the court’s view saying it may not create separate class for politicians. The top court observed, “We do not want politicians involved in crims to be treated differently. But national elections take place only once in five years, by the time we decide this issue the elections will be over. We cannot ignore that elections are around the corner. They are entitled to argue that arrest has taken place just before elections. Even if we feel that arrest is legal, we can still grant interim bail. Interim bail is allowed in exceptional situation, if we decide that the arrest is illegal, then this time will not come back for him.”
Solicitor General Tushar Mehta, representing ED, told the apex court that Kejriwal wasted six months. If he had cooperated, he may have not been arrested, or if arrested may have secured bail by now as he was summoned in October 2023, Mehta said. “It is unfortunate. The court cannot send the message that some people are more equal than others. It will send a wrong message and will demoralise common man. Just because someone holds a position, it cannot be given the luxury of campaigning.”
The court also questioned the ED on the time taken to probe Delhi excise policy scam case and said it has taken two years to unearth something. The court also sought Delhi excise policy scam case files from the ED before the arrest of Kejriwal.
A bench of Justices Sanjiv Khanna and Dipankar Datt asked the ED why relevant direct questions were not put to witnesses in the case. The Bench is hearing argments whether to enlarge Kejriwal on interim bail in view of the ongoing Lok Sabha elections as it hears his petition challenging his arrest in an excise policy-linked money laundering case.
The ED told the court that Kejriwal was not focussed on investigation in the case and his role became clear at a later stage. The ED said that the AAP chief stayed in a 7-star hotel during 2022 Goa polls and a part of bills was paid by the Delhi government’s general administration department.
Kejriwal was arrested on March 21 and is currently lodged in Tihar jail under judicial custody. The case relates to alleged corruption and money laundering in the formulation and execution of the Delhi government’s now-scrapped excise policy for 2021-22.
The top court had issued a notice to the ED on April 15 and sought its response to Kejriwal’s plea against his arrest.
On April 9, the Delhi High Court had upheld Kejriwal’s arrest, saying there was no illegality and the ED was left with “little option” after he skipped repeated summonses and refused to join the investigation.
With inputs from PTI
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