May consider granting interim bail to Delhi CM Kejriwal in view of Lok Sabha election: Supreme Court

Tribune News Service

Satya Prakash

New Delhi, May 3

Noting the hearing on Delhi Chief Minister Arvind Kejriwal’s petition challenging his arrest in a money-laundering case linked to excise policy scam was likely to take time, the Supreme Court on Friday said it may consider granting him interim bail in view of the ongoing Lok Sabha polls.

“It appears we can’t complete it today. We will post it on Tuesday morning itself. Mr Raju one more thing… If it’s going to take time, and it does appear it may take time, we may then consider the question of interim bail because of the elections. We may hear on that part because of elections,” a Bench led by Justice Sanjiv Khanna told Additional Solicitor General SV Raju who represented the ED.

The Bench, which had earlier asked the ED to explain the timing of Kejriwal’s arrest, asked the ASG to be considerate and take instructions from the probe agency on the issue of interim bail to the AAP chief.

The Bench asked Raju to suggest the conditions the ED would like to impose on Kejriwal in case he was granted interim bail. It also asked the probe agency to spell out if the Delhi Chief Minister can be allowed to sign files from jail and posted the matter for further hearing on May 7.

The Bench, however, said, “We are not commenting on it either way. We may or may not grant (interim bail)… Don’t read anything into it,” the Bench said, even as Raju said he would oppose interim bail to Kejriwal.

Drawing the court’s attention to statements being made by AAP MP Sanjay Singh after the top court ordered his release on bail, the ASG said, “Look at the kind of statements he is making.”

Currently lodged in Tihar Jail in the National Capital under judicial custody after his arrest on March 21. the Delhi Chief Minister has challenged the Delhi High Court’s April 9 verdict upholding his arrest in a money-laundering case linked to the Delhi excise policy “scam”.

Earlier, the top court had on April 2 granted bail to senior AAP leader Sanjay Singh in connection with a money-laundering case related to the Delhi excise policy scam after the ED said it had no objection to his release on bail. However, it had clarified that the concession given to Singh will not be treated as a precedent.

The ED alleged that an employee of businessman Dinesh Arora delivered Rs 2 crore to Singh’s house on two occasions. Singh was arrested by the ED on October 4, 2023 following allegations made by Arora, who has turned approver in both the ED and CBI cases related to Delhi excise scam.

The Bench had, however, noted that no money had been recovered from Singh and there were nine exculpatory statements given in his respect by Arora.

Two other senior AAP leaders – former Delhi Deputy Chief Minister Manish Sisodia and former Delhi Health Minister Satyendar Jain – continue to be in jail in separate money-laundering cases.

During the arguments on Friday, Singhvi said Kejriwal was not an accused till 16 March. What changed drastically... that he was arrested on March 21, he wondered as he sought to emphasise that the probe agency had no new material to justify the arrest.

However, the Bench was sceptical about his argument that a political party can’t be covered under the PMLA. “It is a little difficult...a society is also an association of individuals. Can it be said that a society won’t come under the provision?” Justice Khanna asked.

The Bench sought to know if the ED was bound to disclose the entire material collected during the probe or only a part of such material.

“If we record everything in writing, it would be voluminous. That is not what is expected. It is not necessary that irrelevant material has to be reflected. Else charge sheet cannot be filed within 60 days at all. Writing will run into thousands of pages even one or two lines is about each material. Investigating officers would be bogged down,” the ASG replied.

As Raju said “This is not a case where there is no material against the accused”, the Bench said “He (Kejriwal) was not expecting to get arrested.”

“We (ED) called him nine times… Evasive answers cannot be ground for arrest, yes. But cumulatively, we can take that into consideration,” the ASG said.

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#Arvind Kejriwal #Lok Sabha #Supreme Court