New Delhi: The Supreme Court has granted interim bail to Delhi Chief Minister Arvind Kejriwal in the Delhi excise case. The court noted that Kejriwal had been incarcerated for over 90 days and acknowledged his status as an elected representative while granting him relief.
"He is the Chief Minister of a state and the elected leader. Considering his right to life and liberty and the fact that he has been in jail for over 90 days, we are of the view that Kejriwal is entitled to be released on interim bail," Justice Sanjiv Khanna pronounced today in court.
The question of Kejriwal's arrest and remand to the Enforcement Directorate (ED) has been referred to a larger bench for consideration.
During the proceedings, which spanned four days and concluded on May 17, the bench reviewed written records and asked the ED to provide evidence supporting Kejriwal's arrest following the detention of former Delhi Deputy Chief Minister Manish Sisodia.
The ED informed the apex court that it had formally named Kejriwal and the Aam Aadmi Party (AAP) as accused in the Delhi excise policy case, presenting alleged chats between Kejriwal and hawala operators related to proceeds of crime. These purported chats were reportedly recovered after Kejriwal declined to provide his device passwords.
"We now have direct chats between Arvind Kejriwal and hawala operators in the case," said Additional Solicitor General S.V. Raju, representing the ED.
Following the completion of arguments, the Supreme Court granted all parties one week to submit additional documents in the case. Senior advocate Abhishek Manu Singhvi, appearing for Kejriwal, countered the ED's claims, arguing that the new evidence cited by the ED had not been present during Kejriwal's initial arrest.
The same bench, led by Justice Khanna, had earlier granted interim bail to Kejriwal until June 1, instructing him to surrender thereafter.
The ED alleged that there was direct evidence linking Kejriwal to a demand for Rs 100 crore in kickbacks, purportedly for AAP's election expenses in Goa. Raju asserted that Kejriwal, as a significant figure in formulating the excise policy, bore direct responsibility for the alleged wrongdoing.
Kejriwal, through his counsel, had moved the Supreme Court challenging the Delhi High Court's dismissal of his plea against the ED's arrest and remand. The ED justified Kejriwal's arrest, claiming he was the mastermind and primary conspirator in the Delhi liquor scam.
On March 22, a trial court had remanded Kejriwal to six days of ED custody, subsequently extending it to judicial custody.
The Supreme Court's interim bail granted relief to Kejriwal until June 1. In his plea before the Supreme Court, Kejriwal maintained his innocence in the liquor scam case, alleging that his arrest soon after the Model Code of Conduct was a deliberate attempt to tarnish his image and weaken his political party.
The Delhi High Court had earlier ruled that Kejriwal's arrest was not in violation of legal provisions and upheld the validity of his remand.