Supreme Court Begins Hearing on Kejriwal's Interim Bail Amid ED's Objections

Kejriwal in Supreme Court: Quasi-Realtime Coverage {Part2}

Shift in Focus to Interim Bail

At 12:30 PM, the Bench shifted its focus exclusively to the question of interim bail for Delhi Chief Minister Arvind Kejriwal, with Justices Sanjiv Khanna and Dipankar Datta indicating that they had heard enough on the merits of the main Special Leave Petition (SLP). Additional Solicitor General SV Raju and Solicitor General Tushar Mehta, representing the Enforcement Directorate (ED), raised strong objections to the Court considering interim bail, arguing that Kejriwal's case should follow the standard legal procedures.

Debate Over Evidence and Standards of Arrest

Justice Khanna reiterated that all relevant material must be considered, emphasising that the standard for arrest is much higher under Section 19 of the PMLA, aligning with the Supreme Court’s Vijay Madanlal judgment. Raju countered that Section 19 requires "material" rather than "evidence," and the arresting officer’s subjective satisfaction should not be questioned.

Justice Dipankar Datta pointed out that if both incriminating and exonerating evidence exist, investigators cannot cherry-pick the evidence. Raju responded that it is up to the Investigating Officer to decide, but Justice Datta insisted that the officer must consider both sides fairly.

Comparison to Section 41 CrPC

Raju cited Section 41 of the Criminal Procedure Code (CrPC), which requires an arrest based on the belief that an offence has been committed. He compared this to Section 19 of the PMLA. However, Justice Khanna maintained that the Court is concerned primarily with Section 19 and the strict standards it sets.

Arguments on Interim Bail

The Bench then commenced to hear arguments specifically on interim bail, with Justice Khanna noting that Kejriwal is an elected Chief Minister facing upcoming elections and extraordinary circumstances. Solicitor General Mehta expressed concern, asking, "Are other people less important than the CM?" and asserting that granting interim bail to Kejriwal could set an undesirable precedent.

Mehta further argued that Kejriwal had been summoned six months ago and had not cooperated. He suggested that had he complied initially, he might not have been arrested, stressing that "all common men are at par."

Penultimate Observations

Justice Khanna assured the ED's counsel that the Bench understood their objections, reiterating the importance of considering all perspectives. The hearing will continue with further examination of the interim bail issue, providing the ED an opportunity to fully present their arguments.

Stay tuned¹.

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