The Supreme Court of India has granted interim bail to Delhi Chief Minister and National Convenor of Aam Admi Party Arvind Kejriwal in the Delhi liquor policy case in view of the Lok Sabha elections. The bench comprising of Justices Sanjiv Khanna and Dipankar Datta passed the order to release Kejriwal till 1st June 2024 and that he must surrender on 2nd June 2024.
According to Live Law, the bench pointed out that the Enforcement Directorate had registered the case in August 2022 but arrested Kejriwal on 21st March 2023, just ahead of the Lok Sabha polls. SC held that he is a leader of one of the national parties and the though serious accusations have been made against him, he has not been convicted and he had no criminal antecedents and is not a threat to the society. “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”, it stated.
The Supreme Court also stated, “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 apex court noted the significance of the General Elections which will elect the next government of the country for the next five years and rejected the prosecution’s argument that granting interim bail in this case would be giving premium of placing the politicians in a benefic position compared to ordinary.
It stated: “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 put these conditions on Kejriwal’s interim bail
– 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 cannot visit the Office of the Chief Minister and the Delhi Secretariat
– He will not sign official files unless it is required and necessary for obtaining clearance/ approval of the Lieutenant Governor of Delhi
– He cannot not make any comment with regard to his role in the present case
– He cannot interact with any of the witnesses and/or have access to any official files connected with the case
Reacting to the news, AAP MP Sanjay Singh who was also recently granted bail by the Supreme Court in the same case said, “Truth can be troubled but not defeated.”
AAP leader Atishi Marlena Singh said during a press conference, “The Supreme Court’s decision has not only granted bail to Arvind Kejriwal, but has also resulted in the victory of truth, constitution and democracy.” Thanking the Supreme Court for protecting the Constitution and democracy, she appealed to the citizens to “overthrow the dictatorial regime with the power of their vote to save the Constitution and democracy.”
