SC grants interim bail to Kejriwal till June 1, asks him not to attend office and sign file

NEW DELHI: The Supreme Court on Friday granted interim bail to Delhi Chief Minister Arvind Kejriwal for 21 days and asked the national convenor of the Aam Aadmi Party (AAP) to surrender on June 2, a day after the polling for the seven-phased Lok Sabha elections is scheduled to end.

The Delhi Chief Minister walked out of the jail later in the evening after 50 days of remaining in judicial custody in the maximum security Tihar jail in the Capital. Kejriwal thanked Lord Hanuman and sought people’s support in his “fight against dictatorship”.

While granting bail to Kejriwal, the apex court pointed out the Enforcement Directorate’s delay in arresting the AAP chief. A bench, comprising Justices Sanjiv Khanna and Dipankar Datta, said that the central probe agency had registered an Enforcement Case Information Report (ECIR) in August 2022, but Kejriwal was arrested in March.

“For about one and half years he was there... The arrest could have been made afterwards or before. 21 days here or there should not make any difference,” Justice Khanna said.

Granting interim bail to Delhi Chief Minister Arvind Kejriwal would not amount to granting of privilege or special status to politicians, the Supreme Court observed.

The Supreme Court barred Kejriwal from visiting his office or the Delhi secretariat and signing official files unless absolutely necessary for obtaining the L-G’s approval.

The fourth phase of polling will be held on May 13 and all seven Lok Sabha seats in Delhi will go to polls on May 25.

A wave of jubilation swept across the INDIA bloc parties as the news spread like wildfire, with his AAP terming it a “triumph of truth”.

“Truth can be troubled but not defeated. The decision of the Hon’ble Supreme Court is welcome. The dictatorship will end. Satyamev Jayate,” AAP Rajya Sabha MP Sanjay Singh, also an accused in the money laundering case, said in a post in Hindi on X.

Kejriwal’s release from jail, however transient, is expected to give a boost to the AAP’s Lok Sabha campaign in Delhi with its foremost leader hitting the hustings. While imposing a string of bail conditions on Kejriwal, the apex court directed him to furnish bail bonds of Rs 50,000 with one surety of the like amount to the satisfaction of the jail superintendent.

The court rejected the vehement argument of the ED counsel that enlarging Kejriwal on interim bail to campaign in the elections will be without a precedent.

The court did not concur with his contention that interim bail to the AAP national convenor for campaigning would be like giving “premium of placing the politicians in a benefic position compared to ordinary citizens of this country”.

“While examining the question of grant of interim bail/release, the courts always take into consideration the peculiarities associated with the person in question and the surrounding circumstances. In fact, to ignore the same would be iniquitous and wrong,” the bench said, adding that the Lok Sabha elections are the “most significant and an important event this year”.

The bench said no doubt, serious accusations have been made, but Kejriwal has not been convicted yet, does not have any criminal antecedents and is “not a threat to the society”.

It noted that more importantly, the legality and validity of his arrest itself was under challenge before the top court which is yet to finally pronounce its verdict on it.

“The factual situation cannot be compared with harvesting of crops or plea to look after business affairs. In this background, once the matter is subjudice and the questions relating to legality of arrest are under consideration, a more holistic and libertarian view is justified, in the background that the 18th Lok Sabha General Elections are being held,” the bench said.

Ruling that Kejriwal’s case is “not an exception”, the bench said power to grant interim bail is commonly exercised in a number of cases and interim bail is granted keeping in mind the facts of each case.

Kejriwal will not make any comment with regard to his role in the case and will not interact with any of the witnesses or have access to any official files connected with the case, the bench directed.

The top court said the ongoing Lok Sabha elections have prompted the consideration of interim bail to Kejriwal as at this stage, it is not possible for the court to either conclude the arguments or finally pronounce the verdict on his plea challenging his arrest.

“As the appeal is pending before us, we do not think it would be proper for us to direct the appellant - Arvind Kejriwal to approach the trial court for interim bail/release. This may not be apt in view of the legal issues and contentions that are under examination and consideration before us,” it said.

“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 (energy) to a democracy,” it said, underlining the importance of the Lok Sabha elections.

The bench said the ED has rightly pointed out that Kejriwal had failed to appear in spite of nine notices/summons, first of which was issued in October 2023.

“This is a negative factor, but there are several other facets which we are required to take into consideration,” it said, adding that Kejriwal is the chief minister and leader of one of the national parties.

The apex court said the grant of interim bail will not be treated as an expression of opinion on the merits of the case or the criminal appeal which is pending its consideration.

The apex court is hearing Kejriwal’s plea challenging the Delhi High Court’s verdict last month upholding his arrest in the case. He had not filed an application for interim bail.

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

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. with agency inputs