Supreme Court Hesitant on Kejriwal’s Interim Bail, Questions ED’s Investigation Timeline

New Delhi, 8th May 2024: On Tuesday, the Supreme Court expressed reluctance towards Delhi Chief Minister Arvind Kejriwal resuming official duties if granted interim bail in connection with the excise policy-linked money laundering case.

The Enforcement Directorate (ED) argued that a narrative was gaining traction, portraying Kejriwal as unfairly targeted before the 2024 Lok Sabha elections despite purported innocence.

However, the apex court questioned the ED’s investigative timeline and requested the agency to furnish case files predating Kejriwal’s arrest.

A bench comprising Justices Sanjiv Khanna and Dipankar Datta is currently deliberating Kejriwal’s plea challenging his ED detention.

Kejriwal was arrested on March 21 and is presently held in Tihar Jail under judicial custody.

Key Developments:

1) The ED alleged Kejriwal stayed in a seven-star hotel during the 2022 Goa assembly polls, with part of the bills purportedly settled by Delhi government funds.

2) The ED asserted Kejriwal’s arrest could have been avoided had he cooperated with the investigation, citing nine missed summonses.

3) Recognizing the unique circumstances of Kejriwal’s position as Delhi Chief Minister, the apex court emphasized the necessity to evaluate his interim bail plea.

4) Despite the SC’s perspective, the ED argued against a separate classification for politicians.

5) The Supreme Court cautioned Kejriwal against resuming official duties if granted bail, citing potential conflicts of interest.

6) Kejriwal assured the SC he would abstain from handling excise policy scam-related matters if granted interim bail.

7) The ED alleged Kejriwal demanded ₹100 crore, a claim refuted by Kejriwal’s legal team.

8) The SC questioned the ED’s prolonged investigation timeline and inquiry strategies.

9) The ED claimed a witness’s testimony about a purported land deal with Kejriwal was fabricated, suggesting ulterior motives behind the allegations.

10) Solicitor General Tushar Mehta argued against special treatment for politicians, citing Kejriwal’s position and responsibilities.

Kejriwal also pledged not to sign files, but urged Delhi LG Vinai Kumar Saxena not to reject decisions solely on that basis.

However, the SC deferred its interim bail decision on Tuesday, with the matter slated for further consideration next week.

Meanwhile, a Delhi court extended Kejriwal’s judicial custody until May 20.