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 (May 10). Justice Sanjiv Khanna, who leads the bench that had a day ago reserved its verdict on the temporary bail issue, mentioned that the court is expected to deliver its ruling on Friday.
“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 SV Raju, who represents the Enforcement Directorate (ED) in the excise policy case.
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Earlier this week, the top court signaled 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.
Also Read: Supreme Court hints at interim bail to Kejriwal, sets no-work condition
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 (May 9).
In response, Justice Khanna stated 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, had on Tuesday indicated willingness to grant interim bail to Kejriwal amid the ongoing general elections but expressed reservations about allowing him to discharge his official functions as the CM during the period of interim bail, saying it “will lead to conflict” and may have a “cascading effect”.
While the 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 and the convener of the Aam Aadmi Party (AAP) during the ongoing polls, describing it as an “extraordinary situation” warranting consideration for interim bail.
At the same time, the court raised concerns about the potential ramifications of allowing Kejriwal to sign off on official files while on interim bail.
“We don’t want you to be performing your official duties. It would lead to conflict. You have continued (as the 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,” the bench had on the day told senior counsel Abhishek Manu Singhvi, who appeared for Kejriwal in the case.
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 (L-G) were not to 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 on Thursday (May 9).
Arguing through solicitor general (SG) Tushar Mehta and ASG Raju, the agency had 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.
In response, the bench tried to clarify that the court does not want to create a separate standard for politicians but then it cannot lose sight of the fact that general elections happen once every five years and that Kejriwal was not a habitual offender or had other criminal antecedents.
The developments come amidst the upcoming general elections, with polling in Delhi scheduled for May 25 and in Punjab on June 1. The court’s decision on interim bail for Kejriwal is awaited, with the results of the elections set to 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 this year after six months of custody.
The Delhi CM had hurried to the Supreme Court on April 10, less than 24 hours after the Delhi high court rejected his plea against ED arrest on March 21 while holding that the agency possesses adequate evidence at this stage to suggest Kejriwal’s involvement in money laundering related to the excise policy case. The question of interim bail was raised in the previous hearing by the top court itself.
