Supreme Court Allows Interim Release Of Delhi CM Arvind Kejriwal Till June 1

In a significant development, the Supreme Court on May 10 (Friday) allowed interim release of Delhi Chief Minister Arvind Kejriwal, who is in judicial custody in the Delhi liquor policy case, till June 1.

The Bench of Justices Sanjiv Khanna and Dipankar Datta passed the order.

The bench remarked that the liquor policy case was registered by ED in August 2022, yet Kejriwal was arrested only in March 2024 (after nearly one and half years).

It may be recalled that Kejriwal was arrested by ED from his residence on March 21, after the Delhi High Court refused to grant him interim relief earlier in the day. He has been under custody ever since.

During the hearing on May 3, the Supreme Court Bench had shown an inclination to consider the question of interim bail for Kejriwal in view of the Lok Sabha Elections. On subsequent dates, vehement opposition to the grant of interim bail was shown by Solicitor General Tushar Mehta and Additional Solicitor General SV Raju, who argued that the ED had "evidence" against Kejriwal and election campaigning ought not to be a criteria for considering grant of interim bail.

The bench however had observed that it was dealing with the case of an elected Chief Minister, not a habitual offender, and the general elections take place only once in 5 years. During the hearing on May 7, the bench orally suggested that if indeed interim release was directed, Kejriwal would not be allowed to perform official duties, as that would have a cascading effect.

Yesterday, ED filed an affidavit before the Supreme Court, opposing the grant of interim bail to Kejriwal. Today, Solicitor General of India Tushar Mehta submitted that Amrit Pal Singh, detained under the National Security Act over Khalistani activities, has also approached the Court for bail to contest in elections. SG stated that grant of bail to Kejriwal on the ground of elections will create a cascading effect.

"That (Amrit Pal Sigh case) is something different," Justice Khanna said. SG although pressed that there are no precedents for releasing a person for campaigning when he himself is not a candidate.

"Let us not put it in a straightjacket like that. We are passing an order giving him interim relief till June 1, 2024...we will upload the order by evening," Justice Khanna said.

Justice Khanna also mentioned that final arguments in Kejriwal's petition challenging the ED arrest would be attempted to be concluded next week. 

"August 2022, the ED registered the ECIR. He was arrested in March 2024. For one and a half years he was there. Arrest could have been even afterwards or before. Then, 21 days here or there should not make any difference," Justice Khanna was heard saying during the hearing. It may be noted that earlier, the bench had questioned the ED about the timing of Kejriwal's arrest which was carried out soon after the Lok Sabha elections were notified.

Solicitor General was also heard pleading that the bench should impose conditions for bail, such as Kejriwal should not speak to the press about the case and should surrender on the last date. Per contra, Senior Advocate Dr Abhishek Manu Singhvi, appearing for Kejriwal, requested that he be granted bail till June 4, the date of declaration of results. However, the bench said that he would have to surrender on June 2.

Bail conditions :

(a) he shall furnish bail bonds in the sum of Rs.50,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent;

(b) he shall not visit the Office of the Chief Minister and the Delhi Secretariat;

(c) he shall be bound by the statement made on his behalf that he shall not sign official files unless it is required and necessary for obtaining clearance/ approval of the Lieutenant Governor of Delhi;

(d) he will not make any comment with regard to his role in the present case; and

(e) he will not interact with any of the witnesses and/or have access to any official files connected with the case.

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 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.

Subsequently, on May 7, ASG Raju made submissions on behalf of ED. The same were supplemented in part by SG Mehta and countered by Singhvi. Primarily, SG Mehta argued that politicians could not be treated as a class apart. He asked that if Kejriwal can be granted interim bail for elections, why should jailed farmers be not released during harvesting season.

For a detailed background, click here.

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