The Supreme Court granted interim bail to Delhi CM Arvind Kejriwal until June 1 amidst the ongoing Lok Sabha elections, emphasizing that despite serious allegations, he remains unconvicted. "Arvind Kejriwal is the Chief Minister of Delhi and a leader of one of the national parties. No doubt, serious accusations have been made, but he has not been convicted. He does not have any criminal antecedents. He is not a threat to society. The investigation in the present case has remained pending since August 2022," stated a bench led by Justice Sanjiv Khanna.
The bench, including Justice Dipankar Datta, highlighted the significance of the ongoing general elections in their decision to grant interim bail to CM Kejriwal. They noted that courts consider the unique circumstances surrounding the individual when examining interim bail requests.
Dismissing the ED's argument that granting interim relief during elections would favor politicians over ordinary citizens, the apex court underscored the importance of the Lok Sabha polls as the "most significant and important event this year." It emphasized that ignoring this factor would be unjust.
The court differentiated Kejriwal's situation from that of a farmer or a businessman, stating that their vocations cannot be equated with the political responsibilities during election campaigns.
In response to the ED's affidavit asserting that differential treatment for politicians would violate Article 14 principles, the court maintained that the interim bail decision should not be construed as a reflection on the case's merits.
While granting interim bail, the court imposed restrictions on Kejriwal, prohibiting him from visiting his office or the Secretariat and from making any comments related to the case. Additionally, he is barred from interacting with witnesses or accessing official case files.
The interim relief does not reflect an opinion on the pending criminal appeal before the Supreme Court. Kejriwal, arrested by the ED in the excise policy case, will be released on interim bail upon furnishing a Rs 50,000 bail bond with a surety of the same amount. He must surrender to jail authorities on June 2 as per the SC order.
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