Delhi chief minister Arvind Kejriwal and has party Aam Admi Party got a major relief Friday afternoon when the Supreme Court granted interim bail Kejriwal in the ongoing liquor duty case. Kejriwal has furnished a Rs 50,000 bond for the bail and has been instructed not to visit the chief minister’s office or Delhi Secretariat when he is out on bail.
The other conditions of the bail include that the CM will not sign any official files unless it is required and necessary for obtaining clearance/ approval of the Lieutenant Governor of Delhi, neither will he comment (on his role in the case) nor will he interact with any of the witnesses and/or have access to any official files connected with the case.
The grant comes a day after the Directorate of Enforcement (ED) argued that campaigning is not a constitutional right, arguing against the Delhi CM’s bail plea. Kejriwal was in jail for more than a month in a money laundering case linked to the alleged excise policy scam. Kejriwal’s lawyer senior advocate Abhishek Singhvi had sought bail till June 5. Kejriwal will return to the jail on June 2.
After citing precedence where accused have been granted bail, the court added, “The grant of interim bail will not be treated as an expression of opinion on the merits of the case or the criminal appeal which is pending consideration before us.”
The court said in its judgement: “No doubt, serious accusations have been made, but he has not been convicted. He does not have any criminal antecedents. He is not a threat to the society. The investigation in the present case has remained pending since August 2022. Arvind Kejriwal was arrested, as noted above, on 21.03.2024. More importantly, legality and validity of the arrest itself is under challenge before this Court and we are yet to finally pronounce on the same. The fact situation cannot be compared with harvesting of crops or plea to look after business affairs. In this background, once the matter is subjudice and the questions relating to legality of arrest are under consideration, a Crl. Appeal a/o SLP (Crl.) No. 5154 of 2024 Page 5 of 8 more holistic and libertarian view is justified, in the background that the 18th Lok Sabha General Elections are being held.”
Kejriwal is currently in Tihar Jail, Delhi, where he was sent a few days after his arrest on March 21. The money-laundering investigation conducted by the ED against Kejriwal is a result of a case filed by the Central Bureau of Investigation (CBI) in 2022. The case was initiated based on a complaint lodged by Delhi Lieutenant Governor VK Saxena. It has been claimed that AAP leaders, including Kejriwal, former Deputy Chief Minister Manish Sisodia, and others, conspired to exploit gaps in the Delhi Excise Policy of 2021-22 in order to benefit certain liquor vendors.