Kejriwal's Interim Bail Plea: It's now or never

The Supreme Court is set to resume hearing of Kejriwal's SLP, with the question of interim bail being the key one today.

Supreme Court to Revisit Kejriwal's Plea for Interim Bail in Liquor Excise Case

The Supreme Court, with Justices Sanjiv Khanna and Dipankar Datta presiding, will today continue hearing Delhi Chief Minister Arvind Kejriwal's Special Leave Petition (SLP) challenging the legality of his arrest in the Delhi Liquor Excise case. The central question now revolves around whether Kejriwal should be released on interim bail to allow him to campaign during the remaining phases of the Lok Sabha elections. Meanwhile, the Enforcement Directorate (ED) has submitted an additional affidavit vehemently opposing interim bail for Kejriwal. The proceedings are anticipated to yield significant developments, which will be covered as soon as they unfold in the Apex Court.

ED Files Affidavit Opposing Interim Bail for Kejriwal

A day before the Supreme Court hearing in Arvind Kejriwal's case, the Enforcement Directorate (ED) submitted a fresh affidavit vehemently opposing the Delhi Chief Minister's request for interim bail in the Delhi liquor policy case. The ED challenged the Court's suggestion to grant bail due to the Lok Sabha elections, arguing that "the right to campaign for an election is neither a fundamental right, a constitutional right, nor even a legal right." It emphasised that a politician cannot claim a higher status than an ordinary citizen and is not entitled to preferential treatment.

Furthermore, the ED stated that no political leader has been granted interim bail for election campaigning, even if they are not directly contesting. It added that granting Kejriwal interim bail for this purpose would set a dangerous precedent, potentially encouraging unscrupulous politicians to commit crimes and evade investigation under the guise of electoral campaigning.

Defence Team's Concerns Over ED Affidavit and Public Disclosure

While Kejriwal’s defence team will probably strongly object to the filing of such affidavits—especially as the ED's Law Officers have already had ample opportunity to submit oral arguments—Twitter handles close to the AAP have begun criticising not only the affidavit itself, suggesting prosecutorial bias, but also the fact that its contents were made available in the public domain even before the defence team officially received a copy.

Final Thoughts: Decision Time for Interim Bail

With Kejriwal's case listed as item number 50, following the matter of former Jharkhand Chief Minister Shibu Soren, which is at number 28, it is highly probable that the Supreme Court will take up Kejriwal's plea after lunch. Justices Sanjiv Khanna and Dipankar Datta, who had earlier hinted on May 7 at a possible willingness to grant interim bail with restrictions on official duties, will preside over the hearing. Having been in custody since his arrest on March 21, the question of interim bail remains a crucial juncture for Kejriwal, as it could significantly impact his role in the electoral campaign. Stay tuned for coverage as the matter unfolds—it’s now or never.