SC grants interim bail to Kejriwal; may remain in prison till June 17 till Delhi HC dispose of CBI case

New Delhi: In a notable turn of events, Delhi Chief Minister Arvind Kejriwal received a significant reprieve on Friday as the Supreme Court granted him interim bail in the Delhi excise case.

The Court recognized that Kejriwal had already spent over 90 days in custody and acknowledged his status as an elected representative, providing him with temporary relief.

A two-judge bench of the Supreme Court, headed by Justice Sanjiv Khanna, granted Kejriwal interim bail and referred his petition challenging his arrest and remand by the Enforcement Directorate (ED) to a larger bench for further examination.

Despite this, Kejriwal may still need to remain in Tihar jail until the Delhi High Court resolves the Central Bureau of Investigation (CBI) case against him.

Justice Khanna, delivering the verdict in open court, stated that courts cannot compel Kejriwal to resign from his position as Chief Minister due to his arrest, leaving the decision up to him.

“Mere interrogation does not justify arrest,” the court noted in its judgment, emphasizing that the matter, concerning the right to life, has been referred to a larger bench for further consideration.

Considering that Kejriwal was also arrested by the CBI in the same excise policy case and is currently in judicial custody until July 12 in Tihar jail, he should not be released today on interim bail, as directed by the Supreme Court.

Last week, the Delhi High Court sought the CBI’s response to Kejriwal’s bail plea in the alleged excise policy scam.

Justice Neena Bansal Krishna is scheduled to hear Kejriwal’s bail plea on July 17.

Following the Supreme Court’s decision to grant interim bail to Kejriwal, advocate Vivek Jain, representing the Delhi CM, noted that the Supreme Court was addressing various legal issues.

One key issue was the necessity of the arrest; they argued that since the ED had the material since July-August 2023, why was Kejriwal arrested in March 2024. The Court must have considered this argument. During the pending larger bench matter, the court allowed Kejriwal to be out on interim bail.

“As far as the ED case is concerned, he is out. Regarding the CBI matter, it will be heard on July 17 before the High Court, where we will request his immediate release due to the lack of strict conditions in the CBI case,” Jain said.

It is also noteworthy that Kejriwal moved the Delhi High Court on July 1, challenging his arrest and subsequent remand by the CBI concerning the Delhi excise policy.

During the four-day proceedings concluding on May 17, the bench reviewed written records and asked the ED to provide evidence supporting Kejriwal’s arrest following the arrest of former Delhi Deputy Chief Minister Manish Sisodia.

In response, the ED informed the apex court that it had formally named Kejriwal and the Aam Aadmi Party (AAP) as accused in the Delhi excise policy case, presenting alleged chats between Kejriwal and hawala operators related to proceeds of crime. These chats were reportedly recovered after Kejriwal declined to provide his device passwords.

“We now have direct chats between Arvind Kejriwal and hawala operators in the case,” said Additional Solicitor General S V Raju, representing the ED.