July 2, 2024
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‘Will be barred from official duties’: SC sets rider if its grants interim bail to Kejriwal

supreme court delhi loksabha election

TNR Desk

In a significant development, the Supreme Court deliberated on Tuesday over the possibility of granting interim bail to Delhi Chief Minister Arvind Kejriwal, currently behind bars in connection with the Enforcement Directorate’s probe into the Delhi liquor policy case.

A bench comprising Justices Sanjiv Khanna and Dipankar Datta stated that if Kejriwal were to be released on interim bail, he would be barred from performing official duties, citing concerns over potential interference in governmental affairs.

During the hearing, senior advocate Abhishek Manu Singhvi, representing the Aam Aadmi Party (AAP) leader, assured the court that Kejriwal, if granted bail, would refrain from involvement in the excise case, emphasising his status as the sitting Chief Minister. However, the bench remained cautious, expressing a desire to prevent any disruption to government operations.

The apex court’s considerations were partly influenced by the impending Lok Sabha elections, acknowledging Kejriwal’s role in campaigning. The bench emphasised the extraordinary circumstances surrounding the case, highlighting the infrequency of elections and the need for prioritization.

Despite the Supreme Court’s inclination towards interim relief, the Enforcement Directorate voiced opposition, arguing against setting a precedent for preferential treatment of politicians facing prosecution.

Additional Solicitor General SV Raju defended the investigative delay, asserting that the focus initially did not encompass Kejriwal, and any premature inquiry could have been misconstrued. He said there were 5,000 politicians facing trial and if all were to be released like this for campaign, the situation was for all to imagine how it would turn out to be.

The hearing follows Kejriwal’s petition challenging his arrest and subsequent remand, which was rejected by the Delhi High Court on April 9. Kejriwal contended that his arrest was unjust and based on unreliable testimonies of co-accused turned approvers.

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