Supreme Court noted that Kejriwal has suffered incarceration for over 90 days and that the issue involves right to life and liberty of an individual.
The Supreme Court on Friday granted interim bail to Delhi chief minister Arvind Kejriwal in the Enforcement Directorate (ED)’s case against him in the excise policy matter, saying he has suffered incarceration for over 90 days and that the issue involves the right to life and liberty of an individual.
A bench of justices Sanjiv Khanna and Dipankar Datta issued the order for interim bail since it referred one of the issues involved in the matter to a larger bench. The bench noted that the legal scope of necessity to arrest and the doctrine of proportionality in ED cases where investigating officers have been given much discretion to make arrests should be determined by a larger bench.
Pending the adjudication of the larger issue, the court deemed it appropriate to order Kejriwal’s release on interim bail. It added that courts cannot direct Kejriwal to step down as the chief minister because of his implication in the present case and that it is for him to take a call.
The verdict marks a crucial legal victory for Kejriwal and his Aam Aadmi Party (AAP), providing a much-needed boost to the party’s political narrative. Kejriwal will remain in custody due to a separate case being investigated by the Central Bureau of Investigation (CBI) in the excise policy matter.
While the challenge to his ED arrest remained pending before the Supreme Court, the AAP chief was arrested by CBI on June 26 on charges of corruption and criminal conspiracy in the excise policy case. He has been in judicial custody in both ED and CBI cases.
The court on May 17 reserved its judgment on Kejriwal’s petition that sought invalidation of his arrest by ED on March 21 in connection with a money laundering probe about alleged irregularities in the now-cancelled Delhi excise policy 2021-22.
After his challenge to the ED arrest was nixed by the Delhi high court on April 9, Kejriwal moved the Supreme Court, painting a picture of a politically motivated witch-hunt orchestrated by the ruling Bharatiya Janata Party at the Centre. He emphasised the wider implications of his arrest for democratic governance and the rule of law.
Kejriwal was the third AAP leader to be arrested in the case. His former deputy Manish Sisodia was arrested in this case on February 23, 2023, and remains incarcerated. AAP lawmaker Sanjay Singh was released on bail on April 2. The Supreme Court asked the ED why should Singh be kept behind bars after serving six months in jail, considering that there does not appear to be any concrete evidence against him, and no money has been recovered linking him to the alleged money laundering offence.
The Supreme Court on May 10 granted Kejriwal temporary bail until June 1, rejecting ED’s argument that his release for poll campaigning would imply preferential treatment for politicians, and highlighting the significance of elections in a democracy.
When the Supreme Court on May 16 heard Kejriwal’s petition, it refuted ED’s contention that granting interim bail to Kejriwal and agreeing to examine the legality of his arrest was an “exceptional” exercise, underlining that all individuals, irrespective of their status, are entitled to pursue the same legal recourse and remedies.
Stating that the right to seek judicial review of an arrest are fundamental legal entitlement available to every citizen, the bench maintained that the Constitution gave people the right to approach constitutional courts directly assailing arbitrary or illegal detention.
The court on that day reiterated its May 10 order, clarifying that Kejriwal would have to surrender on June 2 after the completion of the 21-day interim bail granted to him for political campaigning.
During the hearing of this matter on May 17, ED informed the court that it has uncovered chats between Kejriwal and hawala operators, which the agency claims are crucial in linking the proceeds of crime in the Delhi excise policy case to the AAP’s 2022 Goa election campaign and Kejriwal’s role in the conspiracy.
This came on the day the agency filed a fresh supplementary charge sheet in a Delhi trial court, naming Kejriwal and AAP as accused for the first time in the money laundering case related to the excise policy.
The Supreme Court delved into the sufficiency of evidence in Kejriwal’s case, besides raising questions about the fairness of the investigative process and the weight accorded to exculpatory materials that Kejriwal claimed the agency purposely hid from the court to target him.
Source: Hindusthan Times
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