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Supreme Court says it may consider interim bail for Kejriwal considering polls, hearing on May 7
The Supreme Court asked the ED to prepare interim bail conditions for Delhi chief minister Arvind Kejriwal if he is given bail for elections.
The Supreme Court on Friday told the Enforcement Directorate that it may consider the question of interim bail for Arvind Kejriwal because of elections. The top court asked the ED counsel to come prepared on this aspect when it takes up the matter on Tuesday (May 7). “We may grant or we may not grant. But we must be open to you as neither side should be taken by surprise," a bench of Justice Sanjiv Khanna and Dipankar Datta said, alerting both sides to not assume that the court will grant bail. It asked the ED to come up with possible conditions to be imposed on Kejriwal if interim bail is granted to the Delhi chief minister. The court also asked the ED to consider whether Kejriwal should be signing any files considering his position as the chief minister.
"Please also take instructions - we are not saying anything (on whether bail will be granted or not) - we would like to consider grant of interim bail because of elections. Dr. Singhvi don't start without even hearing us - we may or may not grant. We are going to hear you. We must be open to you, because neither side should be taken by surprise. Second ... Because of the position you (Kejriwal) hold, whether you should be signing any files? We are being open, do not assume anything ... Do not read anything into it! We are not saying either way," Justice Khanna said.
Arvind Kejriwal was arrested on March 21 by the ED in a money laundering case linked to Delhi's now-scrapped excise policy. All his bail pleas have been rejected so far while the BJP has raised demand for his resignation from the chief minister's post. While Kejriwal continued on the chief minister's post, his wife Sunita Kejriwal participated in the Aam Aadmi Party's campaigning for the look Sabha election.
On Friday, the Delhi High Court dismissed a plea challenging the arrest of Chief Minister Arvind Kejriwal in a money laundering case stemming from the excise policy scam, saying it is not maintainable. The high court said Kejriwal admittedly has the means and wherewithal to approach the court and file appropriate proceedings.
“This court is of the view that the present writ petition which effectively challenges the arrest of the national convenor of AAP … is not maintainable as the said person is in judicial custody in pursuance to judicial orders, which are not a subject matter of the present petition. The petition conspicuously fails to name the person though the identity is apparent due to the references made to his political standing/position,” a bench of acting Chief Justice Manmohan and Justice Manmeet PS Arora said.
