Supreme Court likely to issue order on Delhi CM Arvind Kejriwal bail plea Friday

Earlier this week, the top court signalled potential interim bail for Kejriwal considering the ongoing general elections.

The Supreme Court is expected to announce its decision on interim bail for Delhi chief minister Arvind Kejriwal in the excise policy case on Friday. Justice Sanjiv Khanna, who leads the bench that a day ago reserved its verdict on the temporary bail issue, mentioned on Wednesday that the court is expected to deliver its ruling on May 10.

The court reserved its order on interim bail, emphasising the need to formulate an opinion on the issue and review relevant case files. (ANI)

“We are going to take up Kejriwal’s case on Friday... As far as the interim order is concerned, we may also pass that order on Friday,” justice Khanna told additional solicitor general (ASG) SV Raju, who represents the Enforcement Directorate (ED) in the excise policy case.

Earlier this week, the top court signalled potential interim bail for Kejriwal considering the ongoing general elections but expressed reservations about allowing him to perform his official duties as the chief minister during the bail period, citing possible conflicts.

Raju, appearing for the Centre on Wednesday, was addressing a case concerning various provisions of the CGST Act, which has faced legal challenges through multiple petitions. At the end of the day’s proceedings, Raju inquired about the next hearing of the CGST case, as justice Khanna had previously indicated that Kejriwal’s matter would be taken up on Thursday.

In response, justice Khanna said that the bench would continue hearing the CGST case on Thursday, while Kejriwal’s matter would be scheduled for Friday, coinciding with the anticipated announcement of the interim bail order.

The bench, which also comprises justice Dipankar Datta, on Tuesday indicated its willingness to grant interim bail to Kejriwal on the condition that he not discharge his official functions as the CM because it could “lead to conflict” and may have a “cascading effect”.

While ED urged the court not to release Kejriwal on bail by treating politicians as a class different from ordinary citizens, the court acknowledged Kejriwal’s unique position as both the CM of Delhi and the convener of the Aam Aadmi Party (AAP) during the ongoing polls, describing it as an “extraordinary situation” warranting consideration.

The court told Kejriwal’s senior advocate Abhishek Manu Singhvi, who appeared for Kejriwal: “You have continued [as CM] and that’s your choice. We are not dealing with that issue. But today, it’s not a question of legality but propriety... We don’t want any interference in the working of the government. It will have a cascading effect.”

Singhvi initially objected to the proposed condition, emphasising his client’s democratic and political rights. However, he later agreed that Kejriwal would refrain from signing any official files during the bail period if the lieutenant governor does not stall any government’s proposal citing the absence of CM’s signature.

The court then reserved its order on interim bail, emphasising the need to formulate an opinion on the issue and review relevant case files. It also indicated that it would continue hearing ED’s submissions opposing Kejriwal’s plea to declare his arrest and remand as illegal.

Arguing through solicitor general (SG) Tushar Mehta and ASG Raju, the agency on Tuesday opposed the interim bail, cautioning against creating a separate class for political leaders who want to campaign during elections while a common man like a farmer or a small store owner remains incarcerated for want of extraordinary consideration.

Polling in Delhi and Punjab -- states where the AAP is in government -- is scheduled for May 25 and June 1 respectively. The results will be announced on June 4.

The case stems from allegations of irregularities in Delhi’s excise policy, which the Central Bureau of Investigation (CBI) began probing following a recommendation by Delhi’s LG in July 2022. Kejriwal, who is in judicial custody, is the third AAP leader arrested in this connection. Sisodia has been behind bars since February 2023, and Rajya Sabha MP Sanjay Singh was granted bail by the top court in April after six months of custody.