Don't Want Arvind Kejriwal To Perform Official Duties Of Chief Minister If Released On Interim Bail, May Have Cascading Effect: Supreme Court

Arrested Delhi Chief Minister Arvind Kejriwal told the Supreme Court today that he is willing to furnish an undertaking to not "sign any official files" if released on interim bail in the excise policy case.

"...he 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," Senior Advocate AM Singhvi appearing for Kejriwal told the Court.

This was after the bench comprising Justices Sanjiv Khanna and Dipankar Datta expressed that his performing official functions of a CM while on interim bail may have cascading effect.

Kejriwal has challenged his arrest by the Enforcement Directorate. The Supreme Court is considering the question of releasing him on interim bail to campaign amid the upcoming general elections. Hearing in the matter will continue in the post-lunch session.

"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," Justice Sanjiv Khanna said during the hearing.

Among other arguments, Singhvi pressed that Kejriwal is not a habitual offender and it is not that court would be "enlarging someone who is a threat to society".

ED however opposed interim relief, stating that politicians cannot be treated as a class apart and that Kejriwal's case has to be treated at the same pedestal as that of a common man.

"He is elected CM of Delhi. There are elections...These are extraordinary circumstances. He's not a habitual offender..." Court then remarked.

Background

Kejriwal had petitioned the Supreme Court in April this year, after his writ petition challenging the ED arrest was dismissed by the Delhi High Court on April 9. Notice came to be issued on his plea on April 15, with the matter being directed to be listed in week commencing April 29. Subsequently, when the top Court website showed next date of hearing as May 6, Singhvi mentioned the matter before a Justice Khanna-led Bench on April 26.

After the mentioning, the matter was listed on April 29, when Senior Advocate AM Singhvi led arguments on behalf of the AAP chief and questioned the necessity and timing of his arrest. When the matter was heard on the next day, ie April 30, Singhvi alleged that ED withheld the material favoring Kejriwal. During this hearing, the court posed 5 queries to ASG SV Raju, appearing for the agency, which were sought to be answered by him on May 3. On the last date (ie May 3), while Singhvi concluded arguments, the ASG began leading arguments for ED. Anticipating that the hearing might not conclude anytime soon, the bench put the ASG on notice that it may hear him on the question of Kejriwal's interim bail in view of the Lok Sabha elections.

For a detailed background, click here.

Case Title: Arvind Kejriwal v. Directorate of Enforcement, SLP(Crl) 5154/2024