The Supreme Court, while granting interim bail to Delhi chief minister Arvind Kejriwal in the excise policy case, observed that mere interrogation isn't a ground for arrest.
Arvind Kejriwal got relief in the Enforcement Directorate's money laundering case linked to the Delhi excise policy scam. However, he will remain in jail because he was arrested by the CBI last month.
"We have also held that mere interrogation does not allow you to arrest. That is not a ground under Section 19," Justice Sanjiv Khanna, reported TOI.
The court said it was Kejriwal's call to decide if he wanted to continue as the chief minister of Delhi. The bench said that the court was "doubtful whether a court can direct an elected leader to step down".
The bench of Justices Sanjiv Khanna and Dipankar Datta said the court is conscious of the fact that Arvind Kejriwal is an elected leader. It added that Kejriwal has suffered incarceration for over 90 days.
It also referred the questions about the legality of his arrest in the Enforcement Directorate (ED) case to a larger bench.
{{/usCountry}}It also referred the questions about the legality of his arrest in the Enforcement Directorate (ED) case to a larger bench.
{{/usCountry}}The court said since the matter is concerned with the right to life and the issue of arrest has been referred to a larger bench, Kejriwal be released on interim bail.
Also read: Arvind Kejriwal granted interim bail in ED probe, to remain in jail in CBI case
It said Kejriwal will be released on interim bail in terms of the conditions in the order of May 10.
The Supreme Court in its previous bail order had asked Arvind Kejriwal to not visit his office or the Delhi Secretariat. It had also asked him to steer clear of administrative work and not sign any files before obtaining the Lieutenant Governor's sanction.
Last month, Arvind Kejriwal was granted bail by a trial court in the ED's case. However, the agency moved the Delhi high court, which later paused the court's order.
The high court later stayed Kejriwal's bail.
He was later arrested by the CBI.
The agencies have accused Arvind Kejriwal and other AAP leaders of accepting kickbacks amounting to ₹100 crore to provide undue benefits to a group of businessmen in the Delhi excise policy.
With inputs from PTI, ANI