SC bench rises without pronouncing order: Highlights from Arvind Kejriwal's bail plea hearing

NEW DELHI: The Supreme Court on Tuesday did not issue an interim bail order for Delhi chief minister Arvind Kejriwal, who was arrested by the Enforcement Directorate on March 21 in connection with the excise policy case.

The apex court is expected to hear Kejriwal’s bail plea on Thursday or next week. During the hearing, the Supreme Court informed Kejriwal’s lawyer that if it grants interim bail to the chief minister, it does not want him to perform official duties as it may lead to a conflict of interest.

Here are the highlights from the bail plea hearing:

• The court questioned the ED on the time taken to investigate the case and observed that the agency has taken two years to uncover something. The bench asked why relevant direct questions were not posed to witnesses and the accused in the case.

• The court also directed the central probe agency to produce case files before the court.

• The court stated that if there were no ongoing elections, it would not have considered granting any interim relief, emphasizing, “We do not want interference at all in the working of the government.”

• “We don’t want you to be performing official duties if you are granted interim bail,” the court told Kejriwal. In response, Kejriwal informed the court that he won’t sign files, but the Delhi LG should not reject decisions solely because he hasn’t signed the files.

• The top court also acknowledged that Arvind Kejriwal is the elected chief minister of Delhi and that the current circumstances are extraordinary, given the ongoing Lok Sabha elections.

• Solicitor General Tushar Mehta, appearing for ED, objected to the Supreme Court hearing arguments on interim bail for Kejriwal, stating, “What example are we setting? Are other people less important than the Chief Minister?”

• Mehta further said that there can’t be any deviation only because Kejriwal is the Chief Minister and asked if the Supreme Court is carving out exceptions for politicians? “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…,” Mehta added.

• Mehta argued that there can’t be any special treatment just because Kejriwal is the chief minister and questioned if the Supreme Court is creating exceptions for politicians. “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…,” Mehta added.

• Mehta pointed out that Kejriwal evaded summons for six months and said, “Please do not make an exception as it would demoralise a real common man and it shows that if you are holding a position, then you will get benefit.”

• The court questioned the ED on the time taken to probe the case and noted that the agency has taken two years to unearth something. The bench asked why relevant direct questions were not put to witnesses and accused in the case.

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