The Supreme Court has granted Delhi Chief Minister Arvind Kejriwal interim bail until June 1st in the Delhi excise policy case, citing the ongoing general elections. The decision comes despite objections from the Enforcement Directorate (ED), which argued against any perceived favoritism toward political leaders during election campaigning.
A bench comprising justices Sanjiv Khanna and Dipankar Datta issued the interim bail order, with a detailed ruling to follow. The ED, represented by Solicitor-General Tushar Mehta and Additional Solicitor General SV Raju, opposed the temporary release, advocating for equal treatment for all individuals. However, the bench dismissed these objections and declined to impose restrictions on Kejriwal regarding discussions on the excise policy case while on bail.
During the proceedings, Senior Counsel Abhishek Manu Singhvi, representing Kejriwal, requested an extension of the interim bail period until June 4th, coinciding with the announcement of Lok Sabha election results. However, the bench rejected this plea. Mehta suggested that Kejriwal should surrender to Tihar jail authorities on June 2nd, with no extension of the bail period. The bench agreed, affirming that Kejriwal must surrender on the specified date.
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The court indicated that detailed arguments on Kejriwal’s petition challenging his arrest and subsequent remand by the ED would be heard in July, after the summer break. These developments occurred amidst the ongoing general election, with polling in Delhi scheduled for May 25th and in Punjab on June 1st.
In its affidavit filed on Thursday, the ED opposed granting special treatment to politicians during elections, emphasizing the importance of upholding the rule of law and equality before it. The agency expressed concerns that granting bail for election campaigning could create a precedent leading to potential loopholes in the legal system.
The case revolves around allegations of irregularities in the excise policy, initially investigated by the Central Bureau of Investigation (CBI) following a recommendation by Delhi’s Lieutenant Governor in July 2022. Kejriwal, presently in judicial custody, is the third Aam Aadmi Party (AAP) leader arrested in connection with the case, following Manish Sisodia and Sanjay Singh. While Sisodia has been in jail since February 2023, Singh was granted bail in April after six months in custody.
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