SC grants interim bail to Arvind Kejriwal in excise policy case, but he won't walk out of jail

New Delhi: The Supreme Court on Friday granted interim bail to Delhi Chief Minister Arvind Kejriwal in a money laundering case lodged by the Enforcement Directorate (ED) in connection with the alleged excise policy scam. Despite this, Kejriwal will remain in gaol due to a subsequent arrest by the Central Bureau of Investigation (CBI) in a related matter.

The top court stated that it is up to Kejriwal to decide whether he should continue as chief minister. “We are conscious of the fact that Arvind Kejriwal is an elected leader,” remarked a bench of Justices Sanjiv Khanna and Dipankar Datta, noting that Kejriwal has been incarcerated for over 90 days.

The Supreme Court has referred questions regarding the legality of his arrest in the ED case to a larger bench. Emphasising the significance of the right to life and the issues surrounding his arrest, the court ordered Kejriwal’s release on interim bail.

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Three key questions have been framed by the court concerning the power, necessity of arrest under Section 19 of the Prevention of Money Laundering Act, and the policy of arrest by the ED. Kejriwal will be released on interim bail under the conditions specified in the court’s May 10 order.

On May 10, the court had released Kejriwal on interim bail for electioneering during the recently concluded Lok Sabha polls, imposing conditions that barred him from visiting his office or the Delhi Secretariat and restricted him from signing official files unless absolutely necessary with the Lieutenant Governor’s sanction.

The court reserved its verdict on May 17 on Kejriwal’s plea challenging the legality of his ED arrest on March 21. Earlier, on April 15, the apex court sought a response from the ED on Kejriwal’s plea challenging his arrest.

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The Aam Aadmi Party chief has contested the April 9 Delhi High Court order upholding his arrest, which found no illegality and justified the ED’s actions due to Kejriwal’s repeated non-compliance with summons.

On June 20, a trial court granted Kejriwal bail on a personal bond of Rs 1 lakh in the case. However, the ED appealed to the Delhi High Court, which imposed an interim stay on the bail order and subsequently passed a detailed order on June 25 staying the trial court’s decision.

Kejriwal was also arrested by the CBI on June 26 in connection with the alleged excise policy scam. His plea challenging this arrest is pending before the Delhi High Court.

The case involves alleged corruption and money laundering in the formulation and execution of the Delhi government’s excise policy for 2021-22, which has since been scrapped. Allegations have surfaced regarding irregularities and kickbacks in the policy’s creation and implementation, prompting investigations by both the ED and the CBI.

Key Aam Aadmi Party leaders, including Kejriwal and former Deputy CM Manish Sisodia, are under scrutiny. Kejriwal, currently held in Tihar gaol, faces accusations from both the ED and the CBI, with the CBI emphasising the need for his custody in the “interest of investigation and justice”.

Earlier, on June 29, a court sent Kejriwal to judicial custody till July 12 in the excise policy case.