The Supreme Court has granted interim bail to Delhi Chief Minister Arvind Kejriwal in a money laundering case linked to an excise policy scam. However, he will not be released from Tihar Jail, as his bail in a separate CBI case is still pending. The bench, consisting of Justices Sanjiv Khanna and Dipankar Datta, has referred Kejriwal’s petition challenging his ED arrest to a larger bench. The judges emphasized that the broader legal principles regarding the necessity and proportionality of arrests in ED cases, where investigators have considerable discretion, should be decided by a larger panel.
Why he still has to stay in Jail
The Chief Minister of Delhi is set to stay in custody following his arrest by the CBI in connection to a separate case involving the excise scam. The next court date for the CBI case is set for July 17. It is speculated that obtaining bail in the CBI case may be more feasible for him after being granted bail in the ED case.
Arvind Kejriwal Also Got Interim Bail in May
On May 10, Kejriwal was granted interim bail by the Supreme Court until June 1 in the money laundering case. However, he was barred from entering the Chief Minister’s Office or the Delhi Secretariat. Kejriwal adhered to the court’s order to surrender on June 2.
Appeal Against High Court’s Decision
Kejriwal’s petition is a challenge to the decision of the Delhi High Court, which dismissed his objection to his detention and custody by the ED in the excise policy case. He argued that his arrest, which occurred after the announcement of the General Elections, was motivated by hidden agendas.
The high court, on April 9, denied Kejriwal’s request for release and dismissed his allegations of political vendetta prior to the Lok Sabha elections. It pointed out that Kejriwal’s failure to attend nine ED summons in a span of six months undermined his argument of being granted special treatment as Chief Minister, suggesting that his arrest was a consequence of his lack of cooperation.
The Excise Case
The arrest is connected to the alleged excise policy scam. Justice Sanjiv Khanna will lead the bench in delivering the judgment. The court had kept its decision pending since May 17. Additional Solicitor General SV Raju claimed during the hearings that there was evidence of money being funneled to the Aam Aadmi Party (AAP) through hawala channels. Raju also mentioned that the ED found conversations between Kejriwal and hawala operators regarding the proceeds of crime. However, Senior Advocate Abhishek Manu Singhvi, who is representing Kejriwal, argued that the ED did not have this evidence at the time of Kejriwal’s arrest.