Given that the legality of arrest is under consideration, a more holistic and libertarian view is justified, in the background of the ongoing polls, the Court said.
The Supreme Court today granted interim bail to Delhi Chief Minister Arvind Kejriwal in the Delhi Excise Policy case till the end of the ongoing Lok Sabha elections (Arvind Kejriwal v. Director of Enforcement)
A Bench of Justices Sanjiv Khanna and Dipankar Datta noted that once the matter is sub-judice 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 appellant – Arvind Kejriwal is the Chief Minister of Delhi and a leader of one of the national parties. No doubt, serious accusations have been made, but he has not been convicted. He does not have any criminal antecedents. He is not a threat to the society,” the judgment stated.
The conditions imposed by Supreme Court on his bail are:
- 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;
- He shall not visit the Office of the Chief Minister and the Delhi Secretariat;
- 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
- He will not make any comment with regard to his role in the present case; and
- He will not interact with any of the witnesses and/or have access to any official files connected with the case.
The Court also rejected the argument raised on behalf of the prosecution that grant of interim bail/release would amount to placing politicians in a beneficial 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,” reads the judgment granting interim bail.
During the hearing of the matter on May 7, the top court had hinted at granting interim bail to Kejriwal in order to enable him to campaign for the Lok Sabha elections.
However, it had also said that if interim bail is granted, Kejriwal would not be allowed to discharge any official duties as Chief Minister.
The ED’s money-laundering probe against Kejriwal stems from a case registered by the Central Bureau of Investigation (CBI) in 2022 on a complaint made by Delhi Lieutenant Governor VK Saxena.
It has been alleged that a criminal conspiracy was hatched by AAP leaders, including Kejriwal, former Deputy Chief Minister Manish Sisodia and others to create loopholes in the Delhi Excise Policy of 2021-22 to favour some liquor sellers.