Kejriwal gets interim bail and permission to campaign for Lok Sabha election

KV Prasad Jun 13, 2022, 06:35 AM IST (Published)

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The Supreme Court on Friday, May 10, granted interim bail to Delhi Chief Minister Arvind Kejriwal till June 1 in a money laundering case linked to the alleged excise policy scam. This is a huge relief for the Aam Aadmi Party chief as the Lok Sabha elections are underway and Delhi will vote on May 25.

“The power to grant interim bail is commonly exercised in a number of cases. Arvind Kejriwal is the Chief Minister of Delhi and a leader of one of the national parties. Serious accusations have been made against him but he has not been convicted. He does not have any criminal antecedents, not a threat to the society. Investigation in the present case has remained pending since August 2022. Legality and validity of the arrest itself is under challenge before this Court and we are yet to finally pronounce on the same. More holistic and libertarian view is justified, in the background that the 18th Lok Sabha General Elections are being held,” the court said while granting interim relief to Kejriwal.

The court observed that Kejriwal was arrested in March and 21 days of relief will not change anything. “He (Kejriwal) was out there for one-and-a-half-years. He could have been arrested earlier or after but nothing such thing happened,” the bench told ED. The law officers urged the court to impose bail conditions, including that Kejriwal will not say anything regarding the excise policy case.

Also read | SC puts restrictions on Kejriwal: CM cannot visit CMO or Delhi Secretariat

The bench said the conditions will be similar to those imposed on AAP leader Sanjay Singh, who was given bail last month in connection with the case.

A bench of Justices Sanjiv Khanna and Dipankar Datta said Kejriwal will have to surrender and return to jail on June 2. The bench refused the request of senior advocate Abhishek Singhvi, appearing for Kejriwal, that the interim bail be granted till June 5.

“General Elections to Lok Sabha is the most significant and an important event this year, as it should be in a national election year. Between 650-700 million voters out of an electorate of about 970 million will cast their votes to elect the government of this country for the next five years. General Elections supply the vis viva to a democracy,” the court said.

June 1 is the last date of voting in the seven-phased Lok Sabha elections. The counting of votes is on June 4.

Singhvi told CNBC-TV18, “It is a hugely significant verdict from the Supreme Court. The state agencies had turned Arvind Kejriwal into the most wanted man in the country. We will try to secure his release from jail today.”

The bench said arguments on Kejriwal’s plea against the arrest will continue next week and it will try to pronounce the judgement on the petition before the summer vacations starting May 20.

The AAP leader was arrested on March 21 and is currently lodged in Tihar Jail under judicial custody. The matter relates to alleged corruption and money laundering in the formulation and execution of the Delhi government’s now-scrapped excise policy for 2021-22.

Solicitor General Tushar Mehta, who also appeared for the probe agency, had staunchly opposed showing any leniency to Kejriwal on account of the Lok Sabha polls and said granting interim bail to the AAP national convenor would amount to creating a separate class for politicians.

On May 7, a Delhi court had extended Kejriwal’s judicial custody in the money laundering case till May 20.

The Delhi High Court had on April 9 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.

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KV Prasad Journo follow politics, process in Parliament and US Congress. Former Congressional APSA-Fulbright Fellow