Bail or jail? SC verdict on Delhi CM Kejriwal's interim bail plea on May 10

Will Delhi Chief Minister Arvind Kejriwal, arrested by the Enforcement Directorate (ED) in a money laundering case linked to the alleged excise policy scam, get interim bail anytime soon? The Supreme Court will decide and render its verdict on Friday, May 10.

“We will pronounce the interim order (on interim bail) on Friday. The main matter related to the challenge to arrest will also be taken on the same day,” Justice Sanjiv Khanna, who headed the bench which heard Kejriwal’s petition against his arrest in the case, said.

The decision to pass the order on interim bail of Kejriwal on Friday was made by Justice Khanna after Additional Solicitor General SV Raju, who was appearing for the Centre in a matter related to Goods and Services Tax (GST), sought clarification on the listing of Delhi CM’s plea.

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Kejriwal, who is also the national convenor of the Aam Aadmi Party (AAP), was arrested on March 21 and is currently lodged in Tihar Jail under judicial custody.

A Supreme Court bench comprising Justice Khanna and Justice Dipankar Datta, had on May 7, reserved its verdict on interim bail to Kejriwal.

The two-judge bench had risen without pronouncing an order granting interim bail to Kejriwal that would have enabled the political leader to campaign in the 2024 Lok Sabha elections.

The bench had reserved its decision after hearing the arguments put forth by senior advocate Abhishek Singhvi and Additional Solicitor General S V Raju, who appeared for Kejriwal and the ED, respectively.

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The Supreme Court, on Tuesday, also said if it gives Kejriwal interim bail, it won’t allow him to perform his official duties as the CM of Delhi.

“If you perform official duties, then it will be conflict of interest and we don’t want that," the court added.

Also Read: Don't want you to perform official duties if we release you: SC to Delhi CM Arvind Kejriwal

The top court also noted that without ongoing elections there would be no consideration for interim bail of the Delhi CM.

The court emphasised that being the elected chief minister of Delhi during elections constituted extraordinary circumstances but stated that politicians involved in crimes should not be treated differently. However, the court also said that Kejriwal is not a “habitual offender”.

Meanwhile, Solicitor General Tushar Mehta, who also appeared for the probe agency, strongly opposed showing any leniency to Kejriwal on account of the Lok Sabha polls and said granting interim bail to the AAP national convenor would amount to creating a separate class for politicians.

The bench has divided the hearing on Kejriwal’s petition against his arrest into two parts.

Kejriwal’s main petition challenges his arrest by the ED and seeks it to be declared illegal, while the second aspect pertains to the grant of interim bail keeping in mind the ongoing Lok Sabha polls.

Also Read: 5 things Supreme Court said while addressing Arvind Kejriwal's plea for interim bail

On Tuesday, a Delhi court extended Kejriwal’s judicial custody in the money laundering case till May 20.

On April 9, the Delhi High Court had upheld Kejriwal’s arrest, saying there was no illegality and the ED was left with “little option” after he skipped repeated summonses and refused to join the investigation.

The matter relates to alleged corruption and money laundering in the formulation and execution of the Delhi government’s now-scrapped excise policy for 2021-22.

With inputs from agencies