The Supreme Court on May 7, 2024 did not grant interim bail to Delhi Chief Minister Arvind Kejriwal in excise policy case and said it may continue hearing his plea seeking bail on May 9, 2024.
The court clarified that it is only considering whether interim relief need to be given on account of the Lok Sabha elections. “The matter may tentatively be listed the day after tomorrow,” the court said, adding, “next week would be tough as it is the last before the court before summer vacations.”
During the hearing, a Bench of Justices Sanjiv Khanna and Dipankar Datta underscored that Mr. Kejriwal is the “elected Chief Minister of Delhi” and that he is not a habitual criminal. The judges further asserted that the situation is “extraordinary” as general elections are held once in five years.
“We are not saying politicians form a different class or has to be treated differently. Every person would have their own individual, exceptional circumstances,” the Bench observed.
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The court, however, said that it is considering “giving you [Mr. Kejriwal] interim bail because of elections” and that Mr. Kejriwal cannot discharge official duties.
“We do not want any interference in the working of the government in any way”, Justice Khanna said.
“We thought or are considering giving you interim bail is because of the elections. Otherwise, we would have heard arguments, reserved the judgment and pronounced it after vacations” Justice Datta told Mr. Kejriwal’s lawyer.
The Enforcement Directorate objected to the Supreme Court granting bail to Mr. Kejriwal. Solicitor General Tushar Mehta urged the Court to not make any exception for the Delhi Chief Minister. He said that the interim bail to Mr. Kejriwal will send a wrong message to the common man. He pointed out that the Delhi CM evaded summons nine times in six months.
Mr. Kejriwal’s argument that “heavens would fall if he does not get a chance to campaign” is wrong, he said.
However, the top court said that the Delhi CM is not a hardened criminal. “While granting interim bail, we examine whether there will be any misuse or if the person is a hardened criminal. That is not the case here”, Justice Khanna said during the proceedings.
