Supreme Court Directs Kejriwal To Not Visit CM Office While On Interim Bail, Says He May Decide Whether To Step Down From CM Post

While granting interim bail to Delhi Chief Minister Arvind Kejriwal on Friday (July 12) in the case registered by ED under PMLA over the alleged Delhi Liquor Policy scam, the Supreme Court today directed that Kejriwal shall not visit the CM office and Delhi Secretariat during the period of interim release.

The judgment, passed by Justices Sanjiv Khanna and Dipankar Datta, imposed the following conditions on Kejriwal:

(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.

It was further clarified that the interim bail may be extended, or recalled by the larger Bench, to which certain legal questions arising in the case have been referred.

Notably, the bench remained unsure of whether it could issue a direction to Kejriwal, a duly elected Chief Minister, to step down from the post of Chief Minister, Delhi. As such, it left it upon the AAP chief to take a call.

"We are conscious that Arvind Kejriwal is an elected leader and the Chief Minister of Delhi, a post holding importance and influence. We have also referred to the allegations. While we do not give any direction, since we are doubtful whether the court can direct an elected leader to step down or not function as the Chief Minister or as a Minister, we leave it to Arvind Kejriwal to take a call", the judgment read.

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

Citation : 2024 LiveLaw (SC) 463

Click here to read the judgment