Supreme Court today granted interim bail to Delhi Chief Minister Arvind Kejriwal considering the nation is in the throes of the 2024 Lok Sabha Elections. The top court said Kejriwal’s peculiar situation and surrounding circumstances prompted their decision to grant him bail.
More importantly, with weeks to go before Delhi goes to polls on May 25 (phase 6 of the general elections), Kejriwal can begin his poll campaign. 162 candidates are in the fray for the seven Lok Sabha constituencies in Delhi. Under the seat-sharing arrangement, AAP has fielded four candidates, while Congress is fielding three.
Granting Kejriwal bail for 21 days will not make much of a difference, the top court said dismissing the Enforcement Directorate's opposition.
“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. Infact, to ignore the same would be iniquitous and wrong,” the top court noted in its order.
Granting Kejriwal bail does not necessarily mean that it is “giving premium of placing the politicians in a benefic position compared to ordinary citizens of this country,” the bench noted.
However, Kejriwal’s temporary freedom comes with conditions.
Kejriwal is barred from visiting the CM Office, Delhi Secretariat, and is bound by the statement made on his behalf that he will not sign any files unless “it is required and necessary for obtaining clearance/approval of the Lieutenant Governor of Delhi”.
“It is no gain saying that 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. Given the prodigious importance, we reject the argument raised on behalf of the prosecution that grant of interim bail/release on this account would
The top court observed that “more importantly, legality and validity of the arrest itself is under challenge before this Court and we are yet to finally pronounce on the same” a more “holistic and libertarian view is justified, in the background that the 18th Lok Sabha General Elections are being held”.
The bench comprising Justices Sanjiv Khanna and Dipankar Datta said while it was concerning that Kejriwal skipped ED summons nine times over 1.5 years several factors worked in his favour. “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 order read.
Reacting to the court's decision AAP leader Atishi said “It is a historic day, not just for AAP but the entire country. BJP has left no stone unturned to turn it into a dictatorial country...SC's decision has given hope to the people that there will be an end to this dictatorship. It is a win of the democracy & constitution”.
The top court’s decision comes barely two weeks before Delhi goes to poll in the ongoing Lok Sabha Elections. “The elections are coming and he is the elected chief minister of Delhi. This is an extraordinary case...,” the Supreme Court had observed during the hearing.
“We are considering releasing you on interim bail only because of the Lok Sabha Elections. We make it clear, we don't want you to be performing official duties if we release you,” the top court had said.
The top court split Kejriwal’s plea in two. The Delhi CM has challenged his “illegal” arrest in connection with the Delhi Liquor Policy Scam; and his plea for interim bail in light of the ongoing general elections.
The Enforcement Directorate however opposed bail. “Right to campaign for an election is neither a fundamental right nor a constitutional right and not even a legal right,” the ED said. Solicitor General Tushar Mehta, representing the probe agency, further opposed earmarking politicians “as a separate class”. Mehta suggested Kejriwal could not claim a higher status from that of a common man and was not entitled to differential treatment.
Last month on April 9, the Delhi High Court said material placed by the Enforcement Directorate (ED) was sufficient to show that Arvind Kejriwal was involved in his official and personal capacity in the formulation of the now-scrapped state excise policy while dismissing the Delhi chief minister’s plea challenging his as illegal. The high court dismissed Kejriwal’s submission that his arrest was political adding that the ED arrest was as per law and it had nothing to do with the timing of the upcoming Lok Sabha elections, as contended by him.