Arvind Kejriwal’s Interim Bail Granted by Supreme Court; CBI Custody Remains

New Delhi, 12th July 2024: On Friday, the Supreme Court granted interim bail to Delhi Chief Minister Arvind Kejriwal following his appeal against his arrest by the Enforcement Directorate (ED) in a money laundering case related to the alleged excise policy scam. Despite this, Kejriwal remains in custody due to his earlier arrest by the Central Bureau of Investigation (CBI) on June 26 in connection with the same case.

Justice Sanjiv Khanna, speaking on behalf of the court, explained that while they had not evaluated the bail question, they had reviewed the parameters of Section 19 of the Prevention of Money Laundering Act (PMLA). He distinguished between Section 19, which is subject to judicial review, and Section 45, which involves the court’s direct assessment.

The Supreme Court, which included Justice Dipankar Datta, noted that it had referred certain issues to a larger bench for further consideration. The court acknowledged that Kejriwal, as an elected leader, must decide whether he wishes to continue in his role as Delhi Chief Minister. The interim bail granted does not allow him to visit his office while out on bail.

The court directed that if deemed necessary, a larger bench or possibly a Constitution bench will address the specific questions and conditions related to such cases. The registry has been instructed to present the matter before the Chief Justice of India for the constitution of the appropriate bench.

The Supreme Court also stated that any pending applications for regular bail will be decided based on their own merits.

Previously, on May 17, the Supreme Court reserved its judgment on Kejriwal’s plea, and on April 15, sought a response from the ED regarding his challenge to the arrest order.

Kejriwal had contested the Delhi High Court’s April 9 ruling, which upheld his arrest, arguing that it was lawful given his repeated non-compliance with summonses.

Kejriwal was initially arrested by the ED on March 21. A trial court granted him bail on June 20, but the ED challenged this decision. The Delhi High Court stayed the bail order on June 21 and issued a detailed order on June 25.

The case revolves around allegations of corruption and money laundering related to the Delhi government’s excise policy for 2021-22, which has since been revoked.

In response to the Supreme Court’s decision, the Aam Aadmi Party (AAP) declared that “truth has prevailed” (satyamev jayate). At a press conference, AAP leader Atishi stated that the court’s decision highlights the BJP’s alleged conspiracy against Kejriwal. Saurabh Bharadwaj expressed optimism that Kejriwal would also receive bail in the CBI’s excise policy case.