May consider granting interim bail to Delhi CM Arvind Kejriwal on account of poll, says Supreme Court : The Tribune India

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May consider granting interim bail to Delhi CM Arvind Kejriwal on account of poll, says Supreme Court

May consider granting interim bail to Delhi CM Arvind Kejriwal on account of poll, says Supreme Court

Arvind Kejriwal Delhi Chief Minister. File photo



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 the excise policy scam was likely to take time, the Supreme Court on Friday said it might consider granting him interim bail in view of the ongoing Lok Sabha elections.

“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 the elections,” a Bench led by Justice Sanjiv Khanna told Additional Solicitor General SV Raju, who represented the ED.

Asks what terms ED may like to impose

  • The Bench asked Additional Solicitor General to suggest the conditions the ED will like to impose on Kejriwal in case he is granted interim bail
  • It also asked the probe agency to spell out if the Delhi CM can be allowed to sign files from jail
  • It posted the matter for further hearing on May 7

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 CM could be allowed to sign files from jail and posted the matter for further hearing on May 7.

“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 Capital under judicial custody after his arrest on March 21, the Delhi CM 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 Sanjay would not be treated as a precedent.

The ED alleged that an employee of businessman Dinesh Arora delivered Rs 2 crore to Sanjay’s house on two occasions. Sanjay 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.

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

Two other senior AAP leaders – former Delhi Deputy CM Manish Sisodia and former Delhi Health Minister Satyendar Jain – continue to be in jail in separate money laundering cases. During the arguments on Friday, senior advocate Abhishek Singhvi said Kejriwal was not an accused till March16. “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 couldn’t be covered under the PMLA.

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