After a series of intense debates, the Supreme Court has opted not to issue any orders regarding Delhi Chief Minister Arvind Kejriwal’s plea for interim bail related to the Lok Sabha elections. The court has scheduled further hearings for May 9.
Justices Sanjiv Khanna and Dipankar Datta, presiding over the bench, specified that any interim bail granted to Kejriwal would be subject to the condition that he refrains from performing any government duties, as this could have widespread consequences.
Kejriwal’s legal representative assured the court that the Chief Minister would comply with this condition, refraining from signing any files or carrying out governmental tasks. They also requested that the Lieutenant Governor VK Saxena not impede government operations due to Kejriwal’s absence.
The apex court emphasized that it is considering interim relief solely due to the ongoing Lok Sabha elections. If not for the elections, such relief would not have been under consideration.
Earlier discussions on May 3 hinted at the possibility of interim bail for Kejriwal in light of the electoral proceedings. The court had instructed the Additional Solicitor General to be prepared for the upcoming proceedings.
The Enforcement Directorate (ED) informed the court during the hearings that Kejriwal was not the primary focus of investigation in the Delhi excise policy scam case, as his involvement became apparent at a later stage.
ED Opposes Bail, Highlights Allegations Against Kejriwal
During court proceedings, the ED opposed granting bail to Kejriwal, citing allegations that he stayed in a luxurious hotel in Goa during state assembly polls, with expenses allegedly covered by Chariot Enterprises, a key player in the Delhi liquor policy case. They asserted that this is not a politically motivated case but rather one based on evidence.
Kejriwal was arrested by the ED on March 21 and has since been held in judicial custody at Tihar Jail.
Justice Khanna underscored Kejriwal’s status as an elected Chief Minister, especially during the recurring Lok Sabha elections every five years.
However, Solicitor General Tushar Mehta argued against any special treatment for politicians, questioning whether campaigning should take precedence over legal proceedings.
ED Urges Court Not to Grant Exception
The ED urged the court not to make exceptions in Kejriwal’s case, highlighting his repeated evasion of summons during the investigation. They stressed that granting leniency based on his position could set a detrimental precedent, undermining the justice system.
The Delhi High Court had previously upheld Kejriwal’s arrest on April 9, stating that the ED’s actions were lawful, given his repeated refusal to cooperate with the investigation into corruption and money laundering allegations related to the Delhi government’s excise policy.
LG Recommends NIA Probe
In a significant development ahead of the bail hearing, Delhi Lieutenant Governor VK Saxena recommended an investigation by the National Investigation Agency (NIA) against Kejriwal.
This recommendation stemmed from a complaint filed by the World Hindu Federation India (WHFI), alleging political funding from the banned organization “Sikhs for Justice” to Kejriwal’s political party.
These latest developments add complexity to Kejriwal’s legal battle as he seeks interim bail amid ongoing electoral activities and mounting allegations against him.
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