No Interim Relief For Kejriwal: Supreme Court to Hear Plea Again on May 9 | Key Highlights

New Delhi: After several round of heated arguments, the Supreme Court refrained from passing any order on Delhi Chief Minister Arvind Kejriwal's plea seeking interim bail on the grounds of Lok Sabha election. The court posted the matter for hearing to May 9. 

The bench presided by Justices Sanjiv Khanna and Dipankar Datta noted that interim bail will be granted to Kejriwal subject to the condition that he will not deal with any government duties as it may have ‘cascading effects.’ 

The counsel appearing for Kejriwal assured the court that CM won't perform any government duties and sign any files. “We say this with a condition that LG VK Saxena may not stop any work on the ground that Kejriwal have not signed any file.” 

The apex court mentioned that if elections were not there then it would not have considered for any interim relief to the Delhi CM. 

The apex court had on May 3 mentioned that it may consider interim bail for Delhi Chief Minister in view of the ongoing Lok Sabha elections. It further asked the ASG to come prepared when it takes up the matter today. 

“Let me make it clear, we may consider interim bail because of elections,” a Bench of Justices Sanjiv Khanna and Dipankar Datta earlier informed the ED.

During the court proceedings, the ED informed the apex court that Kejriwal was not focus of investigation in Delhi excise policy scam case as his role became clear at later stage. 

‘Kejriwal Stayed in 7-Star Hotel In Goa During Polls’ 

Raju, defending Kejriwal's arrest and opposing his bail, claimed that Kejriwal stayed in a 7-star hotel in Goa during state assembly polls and the expenses were paid by Chariot Enterprises, one of the accused in the Delhi liquor policy case.

It further mentioned that it is not a politically motivated case. “We are not concerned with politics, we are concerned with evidence and we have it,” said ASG Raju. 

The ED arrested Kejriwal on March 21 and lodged him in the Tihar Jail under judicial custody.

'Kejriwal Is Elected CM, Not Habitual Offender'

Justice Khanna underlined that Kejriwal is an elected Chief Minister and there are Lok Sabha elections around which comes every 5 year. In response, Solicitor General Tushar Mehta objected and said, “What example are we sitting. Are other people less important than CM?”

He further argued that there must be no deviation only because he's an elected Chief Minister. “Are we carving out exception for politicians? would campaigning for elections be more important?” he added.

‘Dealing With a CM Who Evaded Summons 9 Times’: ED

The probe agency mentioned that Kejirwal would not have been arrested if he had cooperated in the investigation. It further argued that they are dealing with a Chief Minister who evaded summons nine times and six months.

ED further urged the court to not make any exception in the case as it may demoralise a real common man and it shows that if you are holding a position then you will get benefit. 

HC Upheld Kejriwal's Arrest 

On April 9, the Delhi High Court had upheld Kejriwal's arrest, saying there was no illegality and the ED was left with "little option" after he skipped repeated summonses and refused to join the investigation.

The case relates to alleged corruption and money laundering activities in the formulation and implementation of the Delhi government's now-scrapped excise policy for 2021-22.

Delhi LG Suggests NIA Probe Against Kejriwal 

In a major blow to the AAP supremo a day before bail hearing, Delhi Lieutenant Governor VK Saxena recommended a National Investigation Agency (NIA) probe against him. 

The recommendation was made based on a complaint made by the World Hindu Federation India (WHFI) which accused that Kejriwal-led political party received political funding from the banned organisation ‘Sikhs for Justice’.