Delhi CM Arvind Kejriwal walks out of jail in heat of electoral battle
TheSC ordered interim bail for Delhi CM Arvind Kejriwal until June 1 in the excise policy case, emphasizing the importance of elections in a democracy.
In a development that may have significant implications for both the ongoing general elections and the political landscape of Delhi, the Supreme Court on Friday ordered the release of Delhi chief minister Arvind Kejriwal on interim bail until June 1 in the excise policy case, rejecting the Enforcement Directorate (ED)’s contention that the release for political campaigning would amount to preferential treatment to politicians, and underlining the importance of elections in a democracy.
The bench, however, was particular that he not perform his duties as chief minister in this period.
A bench of justices Sanjiv Khanna and Dipankar Datta resorted to a “holistic and libertarian view” while noting that although serious charges of money laundering have been levelled against the Aam Aadmi Party (AAP) chief, he has not been convicted, does not have criminal antecedents and is not a threat to society.
Kejriwal walked out of Tihar jail at 6.55pm on Friday and said: “I want to thank all of you. Crores and crores of people across the country prayed for me. I want to thank the Supreme Court because of whom I’m standing here with you. I just have one request to make with all of you we should together save the country from dictatorship. I’m fighting and protesting against dictatorship with everything I have. But the 140 crore people have to fight against dictatorship.”
Lok Sabha elections are the most significant and an important event this year, highlighted the bench, adding these elections supply the “vis viva” (living force) to a democracy. “Given the prodigious importance, we reject the argument raised on behalf of the prosecution (ED) that grant of interim bail/release on this account would be giving premium of placing the politicians in a benefic position compared to ordinary citizens of this country,” it added, underscoring that the peculiarities of the case and surrounding circumstances warranted a holistic view.
It also emphasised that the power to grant interim bail is commonly exercised in a number of cases considering the facts of each case. “This case is not an exception,” said the bench.
Reacting to the court verdict, Delhi BJP chief Virendra Sachdeva said that the grant of interim bail does not mean Kejriwal was declared innocent. “Sometimes even criminals are released on parole, and this is a legal process, so it does not prove that Kejriwal, who was the main culprit in the multi-crore liquor scam, is innocent today,” he said, and accused AAP leaders of misleading the people of Delhi.
The AAP, meanwhile, said Kejriwal’s release will pave the way for “big changes” in the country.
Addressing a press conference at the party office, AAP leader Saurabh Bharadwaj said, “Kejriwal being granted interim bail after 40 days is no less than a miracle. There is also a divine hint that the prevailing conditions are going to change in the country. His release will pave the way for big changes in the country.”
The court directed that Kejriwal be released on interim bail until June 1, with certain conditions, including refraining from official duties during this period and signing any file unless necessary for obtaining approval of the Lieutenant Governor of Delhi. Ordering the AAP chief to surrender before the Tihar jail authorities on June 2, the bench also directed him not to issue public statements about his role in the excise case or interact with any witness or access official files connected with the case.
The timing of Kejriwal’s release holds particular significance . His presence on the campaign trail could potentially energise the AAP’s base and reinvigorate his party’s electoral prospects in Delhi and Punjab where polling is scheduled for May 25 and June 1 respectively. Kejriwal was arrested by ED on March 21.
In its eight-page order, the top court shot down ED’s argument that bail to Kejriwal would undermine the principle of equality before law regardless of a person’s political status. It dismissed the agency’s analogy comparing Kejriwal to other people, noting that the petitioner before it is the CM of Delhi and a leader of one of the national parties participating in 18th Lok Sabha General Elections. It also pointed out that his arrest came almost 19 months after the investigation began.
“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, the legality and validity of the arrest itself is under challenge before this Court and we are yet to finally pronounce on the same...once the matter is sub-judice and the questions relating to legality of arrest are under consideration, a more holistic and libertarian view is justified, in the background that the 18th Lok Sabha elections are being held,” held the bench.
The order noted that a number of legal pleas and issues have been raised, including the scope and violation of Section 19 of the Prevention of Money Laundering Act, 2002, in Kejriwal’s petition challenging his arrest by ED. While the hearing is yet to conclude, the court decided to examine the question of interim bail due to the prolonged proceedings.
“As the appeal is pending before us, we do not think it would be proper for us to direct the appellant – Arvind Kejriwal to approach the trial court for interim bail/release. This may not be apt in view of the legal issues and contentions that are under examination and consideration before us,” said the order.
Before the order was formally released on Friday evening, the court at 2 pm told the counsel appearing for the two sides that it has decided to grant Kejriwal interim bail until June 1.
Solicitor general Tushar Mehta and additional solicitor general SV Raju, appearing for ED in the case, objected to the temporary bail, saying there should be “equitable treatment” for all but the bench brushed aside the opposition.
“21 days will not make any difference. Let us not draw parallels with any other case. ECIR (the first complaint) was registered in 2022. He was arrested in March 2024... For 1.5 years he was there...He could have been arrested before or after also. Whatever it is... 21 days here or there should not make any difference,” the bench told the law officers.
At this point, senior counsel Abhishek Manu Singhvi, who represents Kejriwal, requested the bench to extend the interim bail period until June 4 when the Lok Sabha elections results will be out. The bench, however, denied this request.
On Thursday, ED filed an affidavit vehemently opposing any “special treatment” for political figures due to ongoing general elections while adding that bail for the purpose of poll campaigning would set a dangerous precedent, undermining the rule of law and equality before the law.
If bail were to be granted to politicians for the purpose of election campaigning, the agency asserted, it would create a loophole where no politician could ever be arrested or remain incarcerated in a country like India where elections are a recurrent phenomenon throughout the year.
During previous hearings, the top court had signalled a potential interim bail for Kejriwal considering the ongoing general elections but expressed reservations about allowing him to perform his official duties as the CM during the bail period, citing possible conflicts. On Tuesday it reserved its judgment on the interim bail while indicating that the arguments in the main case could continue in July when the Supreme Court reopens after the summer break. The top court closes for summer break on May 20.
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 in jail since February 2023, and Rajya Sabha MP Sanjay Singh was granted bail by the top court in April this year after six months of custody.
ED, in its submissions before all courts, has accused the CM of being the “kingpin” and “key conspirator” of the alleged corruption in the 2021-22 Delhi excise policy, adding he acted in cahoots with ministers of his cabinet and other AAP leaders for seeking benefit from some businessmen involved in the liquor business.
Kejriwal, on April 10 had approached the Supreme Court challenging the Delhi high court’s order passed the previous day, upholding his arrest by the ED on the ground that the federal agency had sufficient evidence “at this stage which pointed out towards the guilt” of the AAP national convenor for the commission of the offence of money laundering in relation to the excise policy case. The high court had added that Kejriwal cannot be allowed to take the plea of political vengeance ahead of the Lok Sabha elections after choosing to skip nine ED summonses issued to him over the previous six months, since the law does not allow any special privilege to a CM or any other person in power.
Challenging the high court order, Kejriwal contested his arrest, labelling it as “illegal” and an “unprecedented assault” on the pillars of democracy, besides condemning the ED’s actions as a glaring display of “highhandedness” by the agency.
The CM’s plea argued that his arrest not only violates his personal rights but also undermines the democratic fabric of the nation, portraying his arrest as an unprecedented attempt to undermine the principles of free and fair elections and federalism. The Delhi CM painted the money laundering case against him as a calculated move by the ruling central government to suppress its political opposition, particularly AAP, and its leadership.