Arvind Kejriwal Not A Threat To Society; Liberal View Needed In Lok Sabha Elections' Backdrop : Supreme Court In Interim Bail Order

While allowing the release of Delhi CM Arvind Kejriwal on interim bail from judicial custody, the Supreme Court has rejected the contention of Enforcement Directorate(ED)  that his release for the purposes of election campaigning would amount to putting politicians in a beneficial position, compared to ordinary citizens. 

The bench of Justices Sanjiv Khanna and Dipankar Datta categorically held that ignoring the peculiarities of Kejriwal's case would be wrong, especially in the backdrop of the Lok Sabha elections.

The Court underscored that General Elections to Lok Sabha is the most significant and an important event this year.

"Given the prodigious importance (of general elections), we reject the argument raised on behalf of the prosecution that grant of interim bail/release on this account would be giving premium of placing the politicians in a benefic position compared to ordinary citizens of this country. While examining the question of grant of interim bail/release, the courts always take into consideration the peculiarities associated with the person in question and the surrounding circumstances. In fact, to ignore the same would be iniquitous and wrong."

Arvind Kejriwal not a threat to society : Supreme Court

Taking due note of ED's stance that Kejriwal avoided 9 summons prior to his arrest, the court said that there are other facets which need to be balanced with the severity of allegations against the Minister.

"The appellant – 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 the society."

Investigation pending since 1.5 years, liberal view justified: Supreme Court

It is further noted that investigation in the case has remained pending since August 2022, when ED registered the ECIR, and the legality & validity of Kejriwal's arrest are themselves pending challenge. Considering that the matter is sub judice as well as Lok Sabha Elections are ongoing, a "more holistic and libertarian view is justified", the bench adds.

"The investigation in the present case has remained pending since August 2022. Arvind Kejriwal was arrested, as noted above, on 21.03.2024. More importantly, legality and validity of the arrest itself is under challenge before this Court and we are yet to finally pronounce on the same. The fact situation cannot be compared with harvesting of crops or plea to look after business affairs. In this background, once the matter is subjudice and the questions relating to legality of arrest are under consideration, a more holistic and libertarian view is justified, in the background that the 18th Lok Sabha General Elections are being held."

Grant of interim relief to Kejriwal does not amount to special status : Supreme Court

Disagreeing with SG Mehta's comparison of Kejriwal with farmers, businessmen, etc., the bench has commented that "The fact situation cannot be compared with harvesting of crops or plea to look after business affairs".

It records that at this stage, it is not possible for it to conclude arguments/finally pronounce judgment. However, there is an intervening factor - ie the Lok Sabha elections - which call for an order in the peculiar circumstances.

The bench also explains that it would not be apt to direct Kejriwal to approach Trial Court for interim relief, as the matter is sub judice before the top Court.

"there is an intervening factor which has prompted us to consider and pass the present order, namely, 18th Lok Sabha General Elections, which are in progress. As the appeal is pending before us, we do not think it would be proper for us to direct the appellant – Arvind Kejriwal to approach the trial court for interim bail/release. This may not be apt in view of the legal issues and contentions that are under examination and consideration before us."

Condition restraining participation in political activities can't be imposed on Kejriwal : Supreme Court

Taking into account the decisions in Siba Shankar Das @ Pintu v. State of Odisha and Another and State of Andhra Pradesh v. Nara Chandra Babu Naidu, the court has refused to impose a condition restraining participation in political activities on Kejriwal.

In Siba Sankar Das, the Supreme Court had deleted a condition imposed by the High Court, which stipulated that the appellant shall not be involved in any political activities, directly or indirectly. The same was held to amount to breach of fundamental rights.

In Chandra Babu Naidu's case, an appeal was filed by the State. By an interim order, the top Court deleted the condition restraining Naidu from organizing or participating in public rallies and meetings, thereby permitting him to participate in the political process. The main petition is still pending. 

Also Read - Arvind Kejriwal Should Not Visit CM's Office Or Delhi Secretariat During Interim Release Period Till June 1 : Supreme Court

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

Citation : 2024 LiveLaw (SC) 363