Delhi CM Kejriwal seeks bail extension in Supreme Court

Kejriwal, who was released from judicial custody on May 10 to campaign during the Lok Sabha elections, has stated that he needs to undergo diagnostic tests.

Delhi chief minister Arvind Kejriwal has moved the Supreme Court seeking an extension of his 21-day interim bail by one week on medical grounds — he was expected to return to jail on June 2 — citing “alarming” health complications he endured during his recent incarceration in connection with the Delhi excise Policy case and the urgent need for medical tests.

Delhi chief minister Arvind Kejriwal (PTI)

The Aam Aadmi Party (AAP) chief, who was released from judicial custody on May 10 to campaign during the Lok Sabha elections, has stated that he needs to undergo diagnostic tests, including a PET-CT Scan.

“The appellant (Kejriwal) prays for an extension of his interim bail by a week, during which the appellant can get the prescribed tests done and obtain results of the same. The appellant will get all these tests done in the working week from 3.06.2024 (Monday) to 7.6.2024 (Friday) and then surrender on the weekend, i.e. 9.06.2024,” stated the plea.

The results of the 2024 Lok Sabha elections will be declared on June 4. To be sure, the plea has not made any allusion to that.

According to the application, Kejriwal suffered substantial health deterioration during his custody from March 21 until May 10, partly due to the “negligent behaviour” of jail authorities. The plea notes a weight loss of approximately 6-7kg, which he has been unable to regain despite resuming his previous lifestyle. Moreover, recent medical tests revealed elevated blood glucose and ketone levels, suggesting potential kidney-related complications and damage, Kejriwal said.

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Despite these alarming health issues, the application contends, Kejriwal has only managed to undergo a health check-up at home by a senior physician from Max Hospitals. Following this examination, the physician prescribed a series of comprehensive tests to assess Kejriwal’s health condition before his surrender.

The application emphasised the importance of these tests, including whole-body PET-CT scans and Holter Monitor Tests, in diagnosing potential ailments such as kidney damage, cardiac irregularities and even cancer. Early detection, it stressed, is crucial for preventing further progression of these diseases and mitigating associated risks to Kejriwal’s life.

He assured the court of his compliance with all conditions of interim bail and expressed gratitude for the opportunity to participate in the political process.

“Further, the appellant undertakes to comply with any other conditions which this Hon’ble Court deems fit to impose for the said extended period of one week. The Appellant once again expresses his deepest gratitude and bows down to the majesty of this Court for allowing him to participate in the political process. Another week of interim medical bail will allow the Appellant to take stock of his health complications in a holistic manner before submitting to the authority of the law,” the plea maintained.

The application is expected to be mentioned before a vacation bench led by justice AS Oka on Tuesday by the CM’s legal team for a hearing before June 2, when he is scheduled to surrender.

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The top court on May 10 granted Kejriwal temporary bail till June 1, rejecting the Enforcement Directorate’s argument that the CM’s release for political campaigning would imply preferential treatment for politicians, and highlighting the significance of elections in a democracy.

Kejriwal was arrested by ED on March 21 in connection with a money laundering probe pertaining to alleged irregularities in the now-cancelled Delhi excise policy 2021-22. After his challenge to the ED arrest was nixed by the Delhi high court on April 9, the CM moved the Supreme Court.

Kejriwal was the third AAP leader arrested in the case. Former Delhi deputy CM Manish Sisodia was arrested in this case on February 23, 2023, and remains incarcerated. AAP MP Sanjay Singh was released on bail on April 2 after the top court asked ED why Singh should be kept behind bars after serving six months in jail, considering that there does not appear to be any concrete evidence against him, and no money has been recovered linking him to the alleged money laundering offence.

When the Supreme Court on May 16 heard Kejriwal’s petition challenging his ED arrest, it firmly refuted ED’s contention that granting interim bail to Kejriwal and agreeing to examine the legality of his arrest was an “exceptional” exercise, emphasising that all individuals, irrespective of their status, are entitled to pursue the same legal recourse and remedies.

Stating that the right to seek judicial review of an arrest are fundamental legal entitlements available to every citizen, the bench of justices Sanjiv Khanna and Dipankar Datta maintained that the Constitution gave people right to approach constitutional courts directly assailing arbitrary or illegal detention.

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At the same time, court on that day reiterated its May 10 order, clarifying that Kejriwal will have to surrender on June 2 after the completion of the 21-day interim bail granted to him for political campaigning.

“Our order is very clear. We have fixed a timeline and that’s the direction of the apex court. If the rule of law is to be followed, it has to be followed in compliance with the order. And our order is very clear. We make it clear that we have not made any exception in favour of anyone when we passed this order [of interim bail],” said the bench.

The court was responding to a complaint by solicitor general (SG) Tushar Mehta, appearing for ED, highlighting a statement by Kejriwal on May 12 during his roadshows in Delhi that he would not have to go back to jail if Delhi chose to vote for the AAP.

While the SG compared Kejriwal’s statement to a “slap on the system”, the bench retorted that what the CM said could be his “assumptions” since the May 10 order of the court is “very clear” about the period of the temporary bail.

During the hearing of this matter on May 17, ED informed the court that it has uncovered chats between Kejriwal and hawala operators, which the agency claims are crucial in linking the proceeds of crime in the Delhi excise policy case to the AAP’s 2022 Goa election campaign and Kejriwal’s role in the conspiracy.

This disclosure came on the same day the agency filed a fresh supplementary charge sheet in a Delhi trial court, naming Kejriwal and the AAP as accused for the first time in the money laundering case related to the now-cancelled 2011-22 excise policy.

On May 17, the bench reserved its judgment on Kejriwal’s petition demanding invalidation of his arrest by ED. The bench, during the hearings, delved into the sufficiency of evidence in Kejriwal’s case, besides raising key questions about the fairness of the investigative process and the weight accorded to exculpatory materials.

The Supreme Court is currently closed for summer break and will reopen on July 8. While vacation benches continue sitting throughout the break, the verdict on Kejriwal’s petition is expected only after the regular functioning resumes in July.