Supreme Court Considers Interim Bail for Kejriwal Amidst Legal Battle Over Arrest

Next date of hearing is fixed for Tuesday, 7th May, when interim bail, solely for the purpose of canvassing for the Delhi Lok Sabha elections, may or may not be granted for a limited period.

Intense Legal Examination by the Supreme Court

In today's resumed hearing, a Bench of the Supreme Court of India, comprising Justices Sanjiv Khanna and Dipankar Datta, delved deeper into the legal complexities surrounding the arrest of Delhi Chief Minister Arvind Kejriwal by the Enforcement Directorate (ED) on 21st March 2024, in connection with the Delhi Liquor Policy case. The proceedings featured sharp exchanges between Senior Advocate Dr. Abhishek Manu Singhvi, representing Kejriwal, and Additional Solicitor General SV Raju, representing the ED.

Prospect of Interim Bail Raised

During the extensive two-hour hearing that commenced at 2:00 PM sharp, Justice Khanna indicated the Apex Court's openness to considering interim bail for Kejriwal, particularly in light of the upcoming Lok Sabha elections. "It appears we can't complete today... We may then consider the question of interim bail because of the elections," Justice Khanna remarked, highlighting the possibility of an extended hearing, while creating a glimmer of hope the defense team of Kejriwal.

ED's Concerns and Court's Clarification

ASG SV Raju brought up concerns regarding public statements by AAP leaders following recent bail grants, questioning their appropriateness. Justice Khanna responded, clarifying the Court's stance: "We are not commenting on it either way, we may or may not grant," thus maintaining judicial impartiality ahead of their decision on interim bail and also conceding that ED would be heard before any such decision is taken.

Singhvi Challenges the Basis and Legality of Arrest

Dr. Singhvi strenuously argued against the ED's basis for arresting Kejriwal, asserting that there was no new material warranting arrest as of March 21, 2024, and blamed the ED of concealing exonerative evidence. "As per their own understanding, till March 16, I was not an accused. How do they show the necessity to arrest on March 21 to a court? All evidence on which I am arrested is pre-2023 end," Singhvi contended.

Court's Queries on Legal Thresholds for Arrest

The Bench also questioned whether the higher threshold for arrest under Section 19 of the PMLA had been met, referencing the Supreme Court’s earlier judgment in Vijay Madanlal Choudhary's case, given that arrest under the PMLA leads to far more stringent conditions for bail under Section 45 of the same act. Justice Khanna emphasized this concern, prompting Raju to argue that the Investigating Officer (IO) need only consider relevant materials to form a "reason to believe" for arrest. He further argued that the subjective satisfaction of the IO should not ordinarily be questioned, asserting that no court, especially the Supreme Court, should substitute its judgment for that of the IO or reappraise his decision to arrest, based on his thorough and conscious appraisal of the evidence before him.

Scheduled Next Hearing and Electoral Context

With the next hearing scheduled for May 7, 2024, the Court's decision regarding interim bail could significantly influence Kejriwal's ability to campaign in the upcoming Delhi Lok Sabha elections, set for May 23, with the final phase elsewhere on June 1. This case not only probes the legal and constitutional limits of the PMLA, and the functionaries acting under it, but also explores the interplay between law and electoral politics.

Constitutional Implications and Judicial Oversight

The Supreme Court’s thorough examination in this high-profile case highlights its pivotal role in safeguarding constitutional guarantees, especially those related to personal liberty and due process under Articles 20 and 21 of the Constitution. As the legal proceedings continue, the Court stands as the ultimate arbiter of the balance between statutory enforcement and constitutional rights.

All eyes are now on the upcoming hearing on May 7th, when the Court will decide whether to grant interim bail or not. Stay tuned.