New Delhi:
Arvind Kejriwal is “not a habitual offender”, the Supreme Court noted on Tuesday 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 in connection with the alcohol tax policy that has now been abolished.
The Supreme Court – which is hearing the broader issue of Kejriwal's plea against his arrest – had earlier said it would consider granting bail to the AAP leader so that he could campaign for his party in the ongoing Lok Sabha elections. Delhi – which has seven Lok Sabha seats, all of which were won by the BJP in the last elections – will vote in a single phase on May 25.
The court first noted that Arvind Kejriwal is the “elected chief minister” of the national capital. “There are elections… these are extraordinary circumstances and he is not an ordinary offender,” a bench of Justice Sanjiv Khanna and Justice Dipankar Datta said.
“If there were no elections… there would be no question of interim bail,” Justice Datta observed, after his colleague said: “This is a matter of property… of public interest.”
However, the court also had words of caution for Mr Kejriwal as it took note of the Enforcement Directorate's claims that the Chief Minister played a key role in formulating the alcohol excise policy. “… suppose we release you and you are allowed to contest elections, then you will (also) perform official duties… it may have cascading effects,” the court noted, referring to Mr Kejriwal's possible involvement in the policy. .
To this, senior lawyer Abhishek Manu Singhvi, who represented Mr Kejriwal, emphasized that his client “would not have to deal with anything (related to) this excise case”.
“We make it clear: we do not want you to perform official duties if we release you…” the court reiterated.
Earlier, the ED told the Court that it is against bail. Additional Solicitor General SV Raju, appearing on behalf of the central agency, argues that releasing the AAP leader would set a bad example.
“What example are we setting? Are other people less important…? There can't be any deviation just because he is Prime Minister. Are we making exceptions for politicians? Is campaigning for elections more important?” argued the ED lawyer.