In view of polls, SC to consider granting interim bail to Kejriwal on Tue

The Supreme Court will consider on Tuesday whether to enlarge Delhi Chief Minister Arvind Kejriwal on interim bail in view of the ongoing Lok Sabha elections when it hears his petition challenging his arrest in an excise policy-linked money laundering case.

Whether Kejriwal, who has been in custody through the Lok Sabha elections so far, is be able to campaign during the remaining phases will depend on the outcome of the proceedings.

A bench of Justices Sanjiv Khanna and Dipankar Datta will take up as the first matter the plea of the AAP leader.

Kejriwal was arrested on March 21 and is currently lodged in Tihar jail under judicial custody.

On May 3, the top court had said it may consider granting him interim bail in view of the ongoing Lok Sabha elections.

It had told the Enforcement Directorate (ED) that arguments on Kejriwal's plea against his arrest are likely to take time and therefore it was considering hearing the probe agency on the issue of interim bail on account of the Lok Sabha elections in Delhi. Polling will be held in Delhi on May 25.
 

"It appears we can't complete today. We will post it on Tuesday morning itself. Mr Raju, one more thing. If it is going to take time and it does appear to us that it may take some time, we will then consider the question of interim bail because of the elections," the bench had told Additional Solicitor General SV Raju, who was wrapping up his arguments for the day.

Raju had said he would oppose bail to Kejriwal and pointed to the statements made by Aam Aadmi Party (AAP) leader Sanjay Singh after getting bail last month in the same case. "Just look at the kind of statements he is making," the ASG said.

The bench had said it is putting the agency on notice about the court's intention so that it is not taken by surprise on May 7, when the interim bail issue will be dealt with.

"We are not commenting on it either way. We are just saying we will hear on interim bail and not saying we will grant interim bail. We may or may not grant interim bail," the top court had said.

It also told senior advocate Abhishek Singhvi, appearing for Kejriwal to take instructions. "Because of the position he holds, whether he should be signing official files?" it had said.

During the hearing, Singhvi told the bench that elections were announced on March 16 and Kejriwal was arrested on March 21 on the basis of statements and material which were available with the agency since last July.

The top court had issued a notice to the ED on April 15 and sought its response to Kejriwal's plea against his arrest.

On April 9, the Delhi High Court had 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.

The case relates to alleged corruption and money laundering in the formulation and execution of the Delhi government's now-scrapped excise policy for 2021-22.