No Respite To Arvind Kejriwal In Excise Policy Case As Supreme Court’s Order Awaited On Interim Bail Petition

New Delhi: During the hearing of the matter, the Supreme Court said it can pass an order for an interim bail. “We have heard both the sides. We are not going to whether he is a politican or not, whether the matter is an exceptional circumstance and now because of elections. We are not going by the fact that he is a politician,” the court observed.

The Supreme Court on Tuesday said it will pronounce at 2 PM its order on Delhi Chief Minister Arvind Kejriwal’s interim bail in the excise policy-linked money laundering case, noting that it is an extraordinary situation as Lok Sabha polls are underway.

In the meantime, the Delhi court extended the judicial custody of Delhi Chief Minister Arvind Kejriwal till May 20.

The top court said Kejriwal is “not a habitual offender” as it heard arguments for interim bail for the Delhi Chief Minister, who is currently in the city’s Tihar Jail on money laundering charges linked to the now-scrapped liquor excise policy.

The Supreme Court on Tuesday heard the bail plea of Delhi Chief Minister Arvind Kejriwal and questioned the Enforcement Directorate on the time taken to probe Delhi excise policy scam case. The apex court observed that the ED took 2 years to unearth something and sought Delhi excise policy scam case files from the ED before the arrest of Chief Minister Arvind Kejriwal.

A two-judge bench of Justices Sanjiv Khanna and Dipankar Datta are hearing the matter. The latest hearing at the Supreme Court came days after the top court on May 3 indicated that it may decide to grant interim bail to Kejriwal because of the ongoing Lok Sabha elections.

The Supreme Court had on Friday said that it may consider hearing on May 7 arguments on the interim bail of Delhi Chief Minister Arvind Kejriwal because of the ongoing 2024 general elections.

The Supreme Court bench made it clear that it had not decided anything finally and that it was only informing all counsel that such a form of interim relief may be considered if the hearing is unlikely to conclude soon.

“We are not saying anything (on whether bail will be granted or not), we would like to consider grant of interim bail because of elections…. We may or may not grant. We are going to hear you. We must be open to you because neither side should be taken by surprise,” the bench said to ASG Raju and senior advocate Abhishek Manu Singhvi appearing for Kejriwal.

“One thing more. Please also take instructions. Because of the position he (Kejriwal) holds, whether he should be signing official files,” Justice Khanna told ASG.

During the hearing, the bench also asked about the dates of elections in Delhi.

Aam Aadmi Party (AAP) leader Kejriwal had challenged a Delhi High Court judgment that dismissed his plea against arrest by the ED and his subsequent remand in the excise policy case.

Kejriwal, while filing an appeal in the apex court had contended that his arrest after the announcement of the General Elections was “motivated by extraneous considerations”.

On April 9, the High Court dismissed his plea for release from jail and rejected his argument of political vendetta amid the looming Lok Sabha elections.

The High Court had said that Kejriwal’s absence from nine ED summons over six months undermined any claims of special privilege as Chief Minister, suggesting his arrest was an inevitable consequence of his non-cooperation.

Kejriwal was arrested by the ED on March 21 in connection with a money laundering probe relating to alleged irregularities in the now-canceled Delhi excise policy 2021-22.