{BREAKING} Supreme Court Grants Interim Bail to Kejriwal until June 1 despite Strong Objections by ED

The main SLP remains pending and the final decision on the legality of the arrest will follow in due course.

Interim Bail granted despite Strong Objections by Solicitor General representing the ED

A Supreme Court Bench, presided over by Justices Sanjiv Khanna and Dipankar Datta, today granted interim bail to Delhi Chief Minister Arvind Kejriwal until June 1, 2024, in the Delhi Liquor Excise case, despite fierce objections from Solicitor General Tushar Mehta, representing the ED. The Bench indicated that Kejriwal would be required to adhere to stringent conditions, including refraining from signing any official files, in a brief hearing that took place immediately after the lunch break.

During the proceedings, Mehta expressed difficulty finding precedent for granting interim bail specifically for election campaigning. Justice Khanna acknowledged this, noting that the situation could not be oversimplified. He also highlighted the Enforcement Directorate's (ED) delay in arresting Kejriwal, pointing out that Kejriwal remained free for over 1.5 years after the ED registered its ECIR in August 2022. Justice Khanna further clarified that the arrest date was not crucial, saying, "21 days here or there should not make any difference."

Conditions of Bail

In its order granting interim release to Delhi CM Arvind Kejriwal until June 1, 2024, the Supreme Court imposed the following conditions:

(a) He shall furnish bail bonds in the sum of Rs.50,000/- with one surety of the same amount to the satisfaction of the Jail Superintendent.

(b) He shall not visit the Office of the Chief Minister or the Delhi Secretariat.

(c) He shall abide by the statement made on his behalf, committing that he will not sign official files unless it is required and necessary to obtain clearance/approval from the Lieutenant Governor of Delhi.

(d) He will refrain from making any comments regarding his role in the present case.

(e) He will not interact with any witnesses or have access to any official files related to the case.

(f) He shall surrender on June 2, 2024.

The order was issued by the Bench comprising Justices Sanjiv Khanna and Dipankar Datta.

ED's Opposition and Defence Team's Response

The ED had earlier filed an additional affidavit opposing interim bail, asserting that "the right to campaign for an election is neither a fundamental right, a constitutional right, nor even a legal right." The ED had averred that no politician should receive preferential treatment and warned that granting bail for electoral purposes could set a dangerous precedent.

Meanwhile, Kejriwal's defence team objected to the filing of the affidavit and criticised its contents being publicly available before the defence received an official copy. They argued that the affidavit reflected prosecutorial bias.

Implications of the Interim Bail Order

With this interim bail, Kejriwal is now free to campaign and cast his vote during the remaining phases of the Lok Sabha elections, including casting his own vote. However, the Supreme Court has yet to determine the legality of his arrest, and the final decision on his Special Leave Petition (SLP) remains pending. The detailed terms and conditions of Kejriwal's interim bail will be made available once the official order is uploaded.

This decision comes as a significant boost for the AAP rank and file, as well as the INDI alliance, revitalising Kejriwal's campaign prospects. The Bench will aim to conclude arguments the next few weeks, preferably before the summer vacation, and if possible, deliver its judgment soon thereafter.