The Supreme Court on Friday granted interim bail to Delhi Chief Minister Arvind Kejriwal in Delhi Liquor Policy case to campaign for Lok Sabha elections 2024 till June 2. The top court allowed interim release for Kejriwal till June 1 as campaigning ends on that day, but said that he must surrender on June 2.
A bench of Justice Sanjiv Khanna and Justice Dipankar Datta noted said that 21 days here or there should not make a difference and he can surrender on June 2 after finishing election campaign. The court also said that it will try to complete hearing Kejriwal’s petition challenging the arrest by ED at the earliest.
ED on Thursday filed a fresh affidavit before the Supreme Court and opposed interim bail for Kejriwal saying that the right to campaign in polls is neither fundamental nor constitutional. The central agency further contended that Kejriwal is not contesting Lok Sabha polls and no political leader has ever been given interim bail for election campaigning.
The Supreme Court on Tuesday adjourned hearing the interim bail plea. On Wednesday, the Justice Sanjiv Khanna while presiding over another case said that Kejriwal’s plea will be taken up on Friday and the court is inclined to pass an order on the same day.
The apex court on Tuesday said that in case it grants interim bail to Kejriwal it does not want him to perform any official duty as the Chief Minister. Following this, Arvind Kejriwal told the Supreme Court today that he is willing to furnish an undertaking stating that he will not sign any official files if released on interim bail.
The top court said that Kejriwal performing official functions of a Chief Minister while on interim bail may have cascading effect.
“I will not sign any file but the Delhi LG cannot deny any permission taken by other officers in the government.” Senior Advocate Abhishek Manu Singhvi told the court on Arvind Kejriwal’s behalf.
This came after Solicitor General Tushar Mehta appearing for Centre told the apex court that a law was brought in for appointment for personnel in administration cadre where the Chief Minister has to sign and only those files were signed by Kejriwal and he never signed any files.
In a previous hearing the bench of Justice Sanjiv Khanna and Dipankar Datta had observed that as the arguments in the case are expected to prolong, the top may consider interim bail due to the upcoming elections on May 25. On Tuesday, the bench started hearing the interim bail plea after ED told the court that it needs more time to conclude arguments on legality of arrest.
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