Arvind Kejriwal, who was in Tihar jail in connection with the Delhi excise tax scam case, was released on interim bail on Friday, May 10. The Supreme Court had granted him bail till June 1, allowing him to campaign for the Lok Sabha. Elections 2024.
Why is Amritpal Singh's case being discussed while Kejriwal is out on bail?
Amritpal Singh is contesting the Lok Sabha polls from Khadoor Sahib constituency in Punjab. He has already received his nomination.
Singh's lawyer RS Bains had earlier said that the Sikh preacher had filed a request to either be granted a week's parole to complete the formalities for the Lok Sabha elections or to be allowed to contest them from jail to fulfill. “The Punjab government has agreed to allow him to complete them from prison,” the spokesperson said lawyer said.
Now, after the verdict, several to ask It was asked whether jailed Khalistani leader Amritpal Singh could also seek bail on election grounds.
During the hearing at the Supreme Court on Friday, Solicitor General of India (SG) Tushar Mehta expressed concern over Amritpal Singh approaching a high court seeking bail while opposing grant of interim bail to Kejriwal.
However, the Supreme Court rejected this argument proverb that is not applicable at all and that these are different cases. The court told the SG that there is no 'simple straitjacket' formula in such a case. Live the law And Bar and sofa had reported.
Why can't Kejriwal's case be compared to Amritpal Singh's?
The answer is simple and lies in the nature of the accusations and charges against the two.
Amritpal Singh is a pro-Khalistani separatist leader who has been charged under the strict National Security Act (NSA). This law can be invoked when someone poses a threat to national security. Singh is currently in Assam jail. Read more about his arrest here
The government had last month expanded the NSA against the separatist leader and his nine associates. Singh was arrested in 2023 after hundreds of his supporters stormed the Ajnala police station in Punjab with swords and guns to demand the release of a jailed aide.
In addition to the NSA charges, there are more than ten cases pending against Singh. According to the Hindustani timesAmritpal was earlier charged with criminal intimidation, kidnapping, promoting enmity between different groups on grounds of religion, rash driving, extortion and unlawful assembly, among others. Singh has not yet been convicted in the case.
Now take Kejriwal's case – the Prime Minister was arrested in connection with the Prevention of Money Laundering Act, 2002. The Supreme Court did not consider Kejriwal to be a “menace to society” as he had no criminal record whatsoever, was not convicted in any case and is the leader of a national political party and even the Prime Minister. The court also noted that the Lok Sabha elections are the “most important” event of this year.
While granting him bail, the Supreme Court noted that Kejriwal “does not pose a threat to society” even though “serious allegations have been made”. The court also noted that Kejriwal is the Chief Minister of Delhi and a leader of one of the national parties.
The Supreme Court also termed the Lok Sabha elections as an “intervening factor” that “prompted us to do so.” [Supreme Court] to consider and approve the present order”, Live the law reported.
Besides Kejriwal and Singh, former Delhi minister Manish Sisodia had earlier moved a Delhi court seeking interim bail to campaign for the Lok Sabha polls. The Delhi court had subsequently sought responses from the Enforcement Directorate (ED) and the plea from the Central Bureau of Investigation (CBI) Sisodia.
What lawyers said?
1. 'Cases of Kejriwal and Singh cannot be compared because…'
Supreme Court lawyer Nipun Saxena said the cases against Kejriwal and Singh stem from several factors.
“In one case, provisions from the Unlawful Activities Prevention Act are at issue [Kejriwal]then you consider someone a terrorist [Amritpal Singh] – which rests on a very different basis than money laundering allegations,” Saxena told Mint.
He further explained, “We cannot compare the two cases because in Amritpal's case, the allegations are much more serious and serious, and he has been charged under the NSA Act. .over, he has more than 10 cases pending against him and his 33 supporters among 307. , 149 of Kejriwal's case stands on a different basis as he has no previous criminal record against him.
In Manish Sisodia's case, the lawyer said that while both Kejriwal and Manish Sisodia are facing money laundering cases, the nature of evidence and charges – as leveled by the Enforcement Directorate (ED) – against the two persons are very different.
“Prima facie, the allegations are much more serious in Manish Sisodia's case than in Kejriwal. The nature of the evidence is also something that the court will go through,” Saxena said.
2. Timing of the Lok Sabha elections
Saxena said that in Kejriwal's case, the timing of the elections is the most compelling reason to grant bail. Delhi is just 15 days away from the Lok Sabha elections.
The Supreme Court in its interim order had also said: “There is no point in saying that the general elections to Lok Sabha this year are the most important and important event as it should be in a national election year… General elections deliver the fish viva towards a democracy.”
“While examining the question of grant of anticipatory bail/release, the courts always take into account the peculiarities relating to the person in question and the surrounding circumstances. In fact, to ignore it would be unjust and wrong,” the Supreme Court had said. said.
Can Kejriwal's interim bail be given priority in a similar case related to Amritpal or jailed political leaders?
The lawyer said Kejriwal's case could create a precedence for other jailed political leaders seeking interim bail before elections. However, bail is granted on a case-by-case basis.
This means that if Amritpal Singh applies for interim bail to contest elections, he may not get one due to the number and severity of cases filed against him. In the event that an imprisoned political leader seeks bail for elections, the court may examine his criminal record, evidence and charges against him before passing judgment.
In Kejriwal's case too, the Supreme Court has given an interim order and said, “It is not possible for us to conclude the arguments or ultimately pronounce a verdict.”
“While the court says it will not express an opinion on the merits of the case, the principles of granting bail would still apply to other cases, especially those involving politicians,” Saxena said.
Saxena's statement was in line with the Supreme Court's order on Kejriwal's interim bail, which stated that “the grant of interim bail shall not be treated as an expression of opinion on the merits of the case or the criminal appeal before us treatment. “
Kejriwal's bail verdict 'sets a dangerous precedent'?
Supreme Court lawyer Jai Anant Dehadrai told news agency ANI on Saturday that the verdict would “set a dangerous precedent”.
Expressing concern over the Supreme Court verdict, he said even Amritpal Singh can now go to court, citing Kejriwal's precedent, saying he wants to “challenge the elections”.
“I respectfully disagree with the reasoning and rationale behind the decision of the Supreme Court to grant interim bail to Arvind Kejriwal. In the eyes of the law, it really doesn't matter whether you are a CM, Union Minister or anyone else. You are just (like) any other person before the court, and this particular person (Kejriwal) had been issued nine summons and he had evaded this summons,” Dehadrai said.
Unlock a world of benefits! From insightful newsletters to real-time inventory tracking, breaking news and a personalized news feed – it's all here, just a click away! Log in now!
View all political news and updates on DailyExertNews. Download the Mint News app for daily market updates and live business news.
. or less
Published: May 12, 2024 05:54 IST
