Arvind Kejriwal Granted Interim Bail but Will Remain in Jail
Arvind Kejriwal Granted Interim Bail but Will Remain in Jail
In a significant development, the Supreme Court of India has granted interim bail to Delhi Chief Minister Arvind Kejriwal, who challenged his arrest by the Enforcement Directorate (ED) in a money laundering case related to the alleged excise policy scam in Delhi. Despite this interim relief, Kejriwal will remain in custody as he was also arrested by the Central Bureau of Investigation (CBI) on June 26 in connection with the same corruption case.
The Supreme Court’s decision was announced on Friday, with Justice Sanjiv Khanna highlighting the court’s examination of the parameters of Section 19 of the Prevention of Money Laundering Act (PMLA). Justice Khanna noted, “We have explained the difference between Section 19 and Section 45. Section 19 involves the subjective opinion of officers and is subject to judicial review, whereas Section 45 is exercised by the court itself.”
The SC bench, which also included Justice Dipankar Datta, stated that they have referred “some issues” to a larger bench after framing three questions concerning the ED’s power to arrest. “Kejriwal is an elected leader, and it is up to him to decide if he wants to continue as Delhi CM,” the court remarked while granting interim bail, adding, “Kejriwal has suffered incarceration for over 90 days.”
Previously, on May 17, the Supreme Court had reserved its verdict on Kejriwal’s plea. On April 15, the court had sought a response from the ED on the AAP chief’s plea challenging his arrest in the money laundering case. Kejriwal had contested the April 9 order of the Delhi High Court that upheld his arrest, arguing that there was no illegality in the arrest and that the ED had little choice after he repeatedly skipped summonses and refused to join the investigation.
Kejriwal was arrested on March 21 by the ED in the money laundering case. He was granted bail on June 20 by a trial court on a personal bond of Rs 1 lakh. However, the ED contested this decision, and on June 21, the Delhi High Court imposed an interim stay on the trial court’s bail order, leading to a detailed order staying the bail on June 25.
The controversy centers on allegations of corruption and money laundering in the formulation and execution of Delhi’s excise policy for 2021-22, which has since been scrapped.
In response to the Supreme Court’s interim bail decision, the Aam Aadmi Party (AAP) expressed relief and triumph. At a press conference, AAP leader Atishi declared, “The SC granting interim bail to Kejriwal proves the excise policy case is a conspiracy by the BJP against him.” Another AAP leader, Saurabh Bharadwaj, expressed optimism that Kejriwal would also be granted bail in the excise policy case filed by the CBI.
