Arvind Kejriwal to be out of jail. But can he vote, campaign for AAP? Can he fulfil his CM duties?

Delhi chief minister Arvind Kejriwal is set to walk out of jail after the Supreme Court Friday (10 May) granted him interim bail until 1 June. The Aam Aadmi Party (AAP) and the Opposition have welcomed the apex court’s decision.

Kejriwal’s party has hailed the apex court’s order as a “victory of truth”. Delhi Minister Atishi said, “We have started a movement to end dictatorship, and this movement will be strengthened with Kejriwal walking out of jail.”

Kejriwal was arrested by the Enforcement Directorate (ED) on 21 March in an alleged money laundering case related to the now-scrapped Delhi excise policy. He was sent to Tihar jail on 1 April after a court in Delhi remanded him to judicial custody.

What did the Supreme Court say while giving bail to Kejriwal? Can he campaign now? Will he be able to vote? Can he discharge his official duties as the Delhi CM?

Let’s take a closer look.

SC grants interim bail to Arvind Kejriwal

The apex court said that granting Kejriwal an “interim bail for 21 days will not make much of a difference. 21 days here or there should not make a difference."

The Supreme Court also said that the Delhi CM would have to surrender on 2 June. While granting him interim relief, the court noted that Kejriwal does not have any criminal antecedents and is not a “threat” to society.

A bench of Justices Sanjiv Khanna and Dipankar Datta refused the request of senior advocate Abhishek Singhvi, appearing for Kejriwal, to grant interim bail till 5 June – a day after the Lok Sabha election results will be declared.

Justice Khanna told the ED, which objected to Kejriwal’s interim relief, the case was registered in August 2022 and the Delhi CM was arrested in March 2024.

“He (Kejriwal) was out there for one-and-a-half-years. He could have been arrested earlier or after but nothing such thing happened,” he added.

Can Kejriwal campaign?

Yes.

Kejriwal has been granted bail for campaigning in the ongoing Lok Sabha polls.

Electors have yet not cast their votes in 18 of the 22 Lok Sabha constituencies where the AAP has fielded candidates – four in Delhi, 13 in Punjab, and one in Haryana, noted Indian Express. 

Delhi and Haryana will go to polls on 25 May, while Punjab, the other state where the AAP is in power, will vote on 1 June – the last and seventh phase of Lok Sabha polls.

Sunita Kejriwal, the Delhi CM’s wife, has been campaigning for the AAP in the Lok Sabha polls in the absence of her husband.

Earlier this week, the ED had opposed the bail to Kejriwal, saying there is no “fundamental” right that gives Kejriwal the right to bail to campaign. “The right to campaign for an election is neither a fundamental right nor a constitutional right and not even a legal right,” the central probe agency said.

It further pointed out that “no political leader has been granted interim bail for campaigning even though he is not the contesting candidate”.

Justice Khanna said at the time, “It is the election season. He is the elected chief minister of Delhi. The elections are around the corner. These are extraordinary situations. It’s not normal… He is not otherwise a habitual (offender) or somebody who has been involved in any other case.”

Can the Delhi CM vote?

Indian laws have a paradox. While prisoners can contest elections in the country, they cannot vote.

Section 62 (5) of the Representation of the People Act, 1951 states, “No person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police.”

However, Kejriwal will be out on interim bail when Delhi votes on 25 May. Hence, he can cast his vote in the Lok Sabha polls.

What about his duties as the Delhi CM?

Kejriwal cannot discharge his duties as the chief minister of Delhi.

While granting interim bail to the AAP convenor, the Supreme Court has put conditions. Kejriwal cannot visit the CM office and the Delhi Secretariat.

He will have to furnish a bail bond of Rs 50,000 with one surety of the like amount to the Tihar Jail Superintendent. He is likely to walk out of jail later on Friday.

Kejriwal cannot make any comments regarding his role in the Delhi excise policy case. He cannot interact with witnesses or have access to any official files related to the case.

Moreover, the AAP leader cannot “sign official files unless it is required and necessary for obtaining clearance/approval of the Lieutenant Governor of Delhi.”

With inputs from agencies