Delhi CM gets bail to campaign for LS polls
NEW DELHI: The Supreme Court on Friday gave temporary bail to Delhi chief minister Arvind Kejriwal in relations with a Enforcement Directorate (ED) probe into the now-scrapped Delhi liquor policy, allowing him to campaign in the ongoing general elections, boosting the Opposition alliance of which he is a prominent figure.
The Supreme Court said Kejriwal would be out on bail until June 1, the last day of the nationwide seven-phase vote, and would have to return to pre-trial detention on June 2. He would not be allowed, however, to discharge duties in the office of the chief minister, it added.
Lok Sabha elections began on April 19 and voting for more than half of the 543 seats in parliament have now been completed following the third phase of the vote on May 7.
The two areas governed by Kejriwal’s Aam Aadmi Party (AAP) - the National Capital Territory that includes New Delhi, and the northern state of Punjab - go to the polls on May 25 and June 1 respectively. Votes will be counted on June 4 and results are expected to be announced the same day.
“This is the victory of democracy,” Kejriwal’s wife Sunita posted on X after the court order.
AAP members began celebrating on hearing the news, beating drums, dancing and shouting slogans praising Kejriwal and criticising Prime Minister Narendra Modi and the Bharatiya Janata Party as they gathered outside the party office in the capital. The Opposition has accused the ruling party of wielding central agencies, like the ED, against opposition leaders. The BJP has said that Kejriwal was implicated in a legitimate investigation.
“Truth can be troubled but not defeated. The decision of the Hon’ble Supreme Court is welcome. The dictatorship will end. Satyamev Jayate,” AAP Rajya Sabha MP Sanjay Singh, also an accused in the money laundering case, said in a post on X.
“Today, the Supreme Court has struck a ray of hope in the hearts of the people who love this country, the constitution, and democracy...this is a victory of truth,” Delhi environment minister and senior AAP leader Gopal Rai told reporters.
The court had said last week that it may consider granting Kejriwal temporary bail “because of the elections” while it heard an appeal against his arrest, as that hearing could take a while to conclude.
The ED arrested Kejriwal on March 21 in connection with corruption allegations related to the capital territory’s liquor policy. He was being released after spending 50 days in prison.
Kejriwal’s government and his AAP have denied the allegations. Modi and BJP say the investigating agencies are only doing their job and the government is not influencing them.
Kejriwal has been in pre-trial detention since April 1, and his wife Sunita has stepped in to campaign for his decade-old party which has been hobbled by the detention also of two other senior leaders in the same case.
Members of the INDIA alliance of more than two dozen opposition parties - Modi’s main challenger which includes the AAP said they were pleased that Kejriwal had received bail.
Mamata Banerjee, chief minister of the eastern state of West Bengal and a key INDIA member, said she was “very happy” Kejriwal got bail. “It will be very helpful in the context of the current elections,” she posted on X.
Shiv Sena (UBT) leader Aaditya Thackeray said justice and relief to Kejriwal against the “dictatorial regime” in the country was a huge sign of winds of change.
On Thursday, ED lawyers argued that giving bail to a politician just to campaign risked sending the message that there were different standards for such figures compared with other citizens. A Supreme Court bench of Justices Sanjiv Khanna and Dipankar Datta rejected the ED counsel’s argument.
“While examining the question of grant of interim bail/ release, the courts always take into consideration the peculiarities associated with the person in question and the surrounding circumstances. In fact, to ignore the same would be iniquitous and wrong,” the bench said, adding that the Lok Sabha elections are the “most significant and an important event this year”.
The bench said no doubt, serious accusations have been made, but Kejriwal has not been convicted yet, does not have any criminal antecedents and is “not a threat to the society”.
It noted that more importantly, the legality and validity of his arrest itself was under challenge before the top court which is yet to finally pronounce its verdict on it.
“The factual situation cannot be compared with harvesting of crops or plea to look after business affairs. In this background, once the matter is subjudice 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 General Elections are being held,” the bench said.
The apex court said the grant of interim bail will not be treated as an expression of opinion on the merits of the case or the criminal appeal which is pending its consideration.