Supreme Court Seems Inclined to Grant Interim Bail for Kejriwal Amid ED's Objections

Coverage till the lunch break; hearing resumes at 2:00 PM. Kejriwal in Supreme Court: Quasi-Realtime Coverage {Part 3}

Bench Signals Openness to Interim Bail

As the Bench resumed proceedings, Justices Sanjiv Khanna and Dipankar Datta announced their intention to focus exclusively on the question of interim bail for Delhi Chief Minister Arvind Kejriwal, indicating that the hearing on the merits of the main Special Leave Petition (SLP) would stand deferred for the time being. With the Enforcement Directorate (ED) vigorously opposing the consideration of interim bail, both Solicitor General Tushar Mehta and Additional Solicitor General SV Raju have indirectly argued for stricter conditions to be imposed if interim bail were to be granted.

Justice Khanna had earlier accentuated that all relevant material should be considered, reiterating that the standard for arrest is higher under the PMLA, and suggested continuing arguments after lunch to give ASG Raju half an hour to speak.

Arguments Over Kejriwal's Official Role

Solicitor General Mehta cautioned the Bench against creating exceptions and precedents for politicians, emphasising that granting interim bail could imply that other incarcerated individuals are less important. He argued that the Chief Minister should not receive special treatment because of his position. Mehta further remarked that government functioning does not rely solely on the Chief Minister's signatures and that Kejriwal's absence should not hinder administrative processes.

Justice Khanna directed Singhvi to address these concerns. Singhvi responded that Kejriwal had cooperated with investigations, noting that he had personally appeared before the CBI and provided responses to the ED. Despite accusations of evading summons, Singhvi asserted that Kejriwal was arrested ostensibly for not attending, even though the ED had barely any incriminating material or “reasons to believe” against Kejriwal. He added that Kejriwal had responded to each of the nine summons, but the ED only replied to five times to his objections.

Proposed Restrictions on Official Duties

The Bench expressed concerns about allowing Kejriwal to sign files or attend the office while on interim bail, noting that such activities could have a "cascading effect" on government functioning. Justice Khanna insisted that Kejriwal should not perform any official duties if released. Singhvi assured that Kejriwal would not sign any files, emphasising that the Lieutenant Governor should not halt work on those grounds. However, Singhvi also argued that being a "minister without portfolio" is generally not an honourable status and that Kejriwal should not be humiliated.

Solicitor General Mehta's Objections and Broader Implications

Tushar Mehta cautioned that many individuals, regardless of their political or administrative roles, are currently incarcerated, and granting interim bail could set an undesirable precedent. He urged the Bench to consider the broader implications before making an interim decision. He also cited legal precedents to bolster the ED's position.

Mehta emphasized, "Without knowing his role, releasing him may not be fair."

Justice Khanna responded, "We will factor it."

Conclusion of pre-Lunch Session and Further Deliberations

The Bench indicated its readiness to reconvene after lunch, precisely at 2.00 PM, to hear further arguments from ASG Raju. While Kejriwal's legal team appears to be advocating for reasonable conditions for interim bail, the ED's legal representatives are striving to present a compelling case against leniency. The hearing remains ongoing, with the final decision yet to be made by the Supreme Court Bench in the matter.

Stay tuned