Arvind Kejriwal arrest: Delhi CM to stay in jail as SC doesn’t pronounce order on interim bail
Arvind Kejriwal arrest: Delhi CM to stay in jail as SC doesn’t pronounce order on interim bail
Delhi Chief Minister Arvind Kejriwal will continue his stay in jail after a Supreme Court bench hearing his petition rose on Tuesday (May 7) without pronouncing an order granting interim bail to him. Earlier in the day, the Supreme Court bench heard Kejriwal’s bail petition after the court said it was open to considering an interim bail for the Aam Aadmi Party’s (AAP) national convener given the ongoing Lok Sabha elections in the country.
Earlier in the day, a Delhi court extended Kejriwal’s custody in the case till May 20.
Kejriwal was arrested by the Enforcement Directorate (ED) in March in connection with the Delhi excise policy case. A report by the news agency ANI said that the apex court deferred its verdict and is likely to hear his interim bail plea on Thursday (May 9) or next week.
‘Performing functions of CM while on interim bail may…’
The bench of Justices Sanjiv Khanna and Dipankar Datta said on Tuesday that Kejriwal performing the official functions of a chief minister while on interim bail might have a cascading effect.
“Suppose we release you, and you are allowed to participate in elections, you will be performing official duties…it can have cascading effects…We make it clear, we don’t want you to be performing official duties if we release you,” the bench said, LiveLaw reported.
‘Will not sign any official files if released…’
Kejriwal then told the apex court that he was willing to furnish an undertaking to not “sign any official files” if released on interim bail.
Senior lawyer AM Singhvi, appearing for the Delhi CM, told the court, “..he (Arvind Kejriwal) will not sign any files, with a condition that LG may not stop any work on the ground that I have not signed any file.”
Singhvi pointed out that Kejriwal was not a habitual offender and it was not that the Supreme Court would be “enlarging someone who is a threat to society.”
The ED, meanwhile, opposed the bail, saying that politicians could not be treated a class apart and that Kejriwal’s case has to be treated on the same pedestal as that of a common citizen of the country.
The bench then said that Kejriwal was the elected CM of Delhi, adding, “There are elections…These are extraordinary circumstances. He’s not a habitual offender.”
Solicitor General Tushar Mehta, appearing for the ED, objected to the Supreme Court hearing arguments on interim bail and said, “What example are we setting? Are other people less important than the chief minister?”
“How can a chief minister be treated differently than an ‘Aam Aadmi.’ There can’t be any deviation only because he is a chief minister,” the SG added.
“A politician has no special rights as compared to normal citizens. Should all MPs and MLAs facing prosecution be released on bail?” the ED asked.
Delhi court extends Kejriwal’s custody
Meanwhile, a Delhi court on Tuesday extended Kejriwal’s custody in the case till May 20. LiveLaw reported that Special judge Kaveri Baweja of Rouse Avenue Courts passed the order on the expiry of his judicial custody in the excise policy case.
(With inputs from agencies)