 "10 key points from Supreme Court's decision on Arvind Kejriwal's bail")
The Supreme Court granted interim bail to Delhi Chief Minister Arvind Kejriwal on Friday in a money laundering case tied to an alleged excise policy scam. Despite the court’s decision, Kejriwal will remain incarcerated due to a subsequent arrest by the CBI in a corruption case related to the same excise policy scandal.
A bench comprising Justices Sanjv Khanna and Dipankar Datta has referred the legality of Kejriwal’s arrest in the Enforcement Directorate (ED) case to a larger bench. The Supreme Court formulated three key questions concerning the ED’s authority and policies regarding arrests. Kejriwal is to be released on interim bail under the conditions outlined in the May 10 order.
The chief minister was initially arrested by the ED on March 21 in connection with the money laundering allegations. Subsequently, on June 26, he was arrested again by the CBI in relation to corruption charges linked to the alleged excise policy irregularities of the Delhi government for 2021-22, which have since been annulled.
Here are the 10 significant points highlighted by the Supreme Court during the hearing:
• Arvind Kejriwal has been in custody for over 90 days, prompting the Supreme Court to grant him interim bail in the ED case.
• The court acknowledged Kejriwal’s status as an elected leader and stated that he has the discretion to decide on continuing as Delhi’s Chief Minister.
• The Supreme Court refrained from issuing directives regarding an elected leader’s tenure but entrusted the decision to Kejriwal.
• Emphasising the right to life, the court ordered Kejriwal’s release on interim bail, referring the matter to a larger bench.
Impact Shorts
More Shorts• The court ruled that mere interrogation does not warrant arrest under Section 19, questioning the ED’s arrest policies.
• Kejriwal’s release is subject to the conditions specified in the court’s previous order dated May 10.
• The Supreme Court raised three pertinent questions regarding the ED’s powers and arrest policies.
• It recognised the significance and influence of Kejriwal’s position as Chief Minister of Delhi.
• The court underscored the importance of democratic principles in its observations.
• This decision marks a significant legal development in the ongoing case involving Kejriwal and the ED.
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