In a significant development, the┬аSupreme Court┬аhas granted┬аinterim bail┬аto┬аDelhi Chief Minister Arvind Kejriwal┬аin the┬аexcise policy case. The decision comes after weeks of legal proceedings and heated debates surrounding the rights of politicians to campaign during elections.
The Supreme Court, while granting interim bail to Arvind Kejriwal, also pointed out the Enforcement Directorate’s delay in arresting the AAP chief. A bench, comprising Justices Sanjiv Khanna and Dipankar Datta, said that the central probe agency had registered an Enforcement Case Information Report (ECIR) in August 2022, but Mr. Kejriwal was arrested in March.
“For about one and a half years, he was there… The arrest could have been made afterward or before. 21 days here or there should not make any difference,” Justice Khanna said.
Mr. Kejriwal had sought a release from jail to campaign for the ongoing Lok Sabha polls.
Mr. Kejriwal was arrested on March 21 by the Enforcement Directorate┬а(ED) in a money laundering case linked to the alleged liquor policy scam. He is currently lodged in Tihar jail under judicial custody.
On May 7, the top court adjourned a hearing on Kejriwal’s bail plea after a day-long hearing. The bench said Kejriwal would be granted bail on the condition that he would not discharge any official duties as the CM, as it may have a тАЬcascading effect.тАЭ.
Kejriwal had moved the court against the Delhi High Court order that upheld his arrest. The high court said the material collected by ED showed the chief minister was actively involved in the use of proceeds of crime.
Kejriwal’s AAP is a part of the┬аCongress-led INDIA opposition bloc. It┬аis contesting four of the seven seats in Delhi, with the Congress fighting the remaining three. Delhi will vote on May 25. In Punjab, where voting will be held on June 1, AAP, which is the ruling party, is contesting all 13 seats.
Background
Arvind Kejriwal, the Chief Minister of Delhi, was arrested by the┬аEnforcement Directorate (ED)┬аon┬аMarch 21, 2024, in connection with the Delhi excise policy case. The case pertains to alleged irregularities in the excise policy, and KejriwalтАЩs arrest raised questions about his right to campaign during the ongoing Lok Sabha elections.
EDтАЩs Opposition
The ED had vehemently opposed granting interim bail to Kejriwal, arguing that any special concession to him would undermine the rule of law and equality. According to the ED, the right to campaign is neither a fundamental nor a constitutional right. They maintained that no political leader, even if not a contesting candidate, had been granted interim bail for campaigning.
Supreme CourtтАЩs Verdict
A bench comprising┬аJustices Sanjiv Khanna and Dipankar Datta┬аdelivered the verdict, granting Kejriwal interim bail until┬аJune 1. The courtтАЩs decision allows Kejriwal to participate in election-related activities during this period. The ruling acknowledges the importance of political participation while balancing it against legal proceedings.
Political Implications
KejriwalтАЩs bail has significant implications for the┬аAam Aadmi Party’s (AAP)┬аand the ongoing Lok Sabha elections. Supporters of the AAP celebrated the courtтАЩs decision, emphasizing the need for political leaders to engage with voters during campaigns.
Conclusion
As the legal battle continues, Arvind KejriwalтАЩs temporary release provides him with an opportunity to actively participate in the democratic process. However, the larger debate over the rights and responsibilities of politicians remains unresolved.
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Nikhil Malhotra 
