India

Supreme Court Grants Interim Bail to Delhi CM Arvind Kejriwal in Excise Policy Case

News Mania Desk/Agnibeena Ghosh/12th July 2024

In a significant development, the Supreme Court on Friday granted interim bail to Delhi Chief Minister and Aam Aadmi Party (AAP) National Convener Arvind Kejriwal in connection with the Delhi excise policy case. A bench comprising Justices Sanjiv Khanna and Dipankar Datta made the decision and referred Kejriwal’s petition to a larger bench to examine the necessity of arrest under Section 19 of the Prevention of Money Laundering Act (PMLA). Despite this interim bail, Kejriwal will remain in custody due to his arrest by the CBI on June 26.

Kejriwal’s arrest history in this case dates back to March 21 when he was detained by the Enforcement Directorate (ED) after the Delhi High Court denied him interim protection earlier that day. He remained in custody until the Supreme Court granted him interim release on May 10 for the purposes of the Lok Sabha elections. This interim bail expired on June 2, leading to his re-arrest.

The Supreme Court bench, including Justice Dipankar Datta, had previously reserved its verdict on May 17 regarding Kejriwal’s petition. Kejriwal argued that the ED needed to show the necessity of his arrest based on available materials and a “reason to believe” that he committed an offense under the PMLA, 2002.

During the hearings, the apex court had ordered Kejriwal’s interim release for 21 days, extending until June 1, to allow him to participate in the Lok Sabha elections. This temporary reprieve, however, was not sufficient to prevent further legal entanglements.

In parallel legal proceedings, a Delhi court recently took cognizance of a supplementary prosecution complaint filed by the ED against Kejriwal and the Aam Aadmi Party. Special Judge Kaveri Baweja issued a production warrant for Kejriwal, scheduling it for July 12.

Adding to the complexity, the Delhi High Court had stayed a trial court’s order that previously granted bail to Kejriwal in the money laundering case. The High Court emphasized that the trial court did not adequately consider the documents and arguments presented.

Kejriwal is also entangled in separate legal battles concerning his arrest by the CBI in a corruption case related to the alleged liquor policy scam. His petitions seeking bail and challenging the CBI arrest are currently pending before the Delhi High Court.

The ongoing legal saga has kept the Delhi CM in a precarious position, despite the Supreme Court’s interim bail ruling. The broader implications of his case and the legal precedents it might set continue to unfold as the larger bench of the Supreme Court prepares to examine the necessity of arrest conditions under the PMLA.

This series of events highlights the tumultuous legal landscape for Kejriwal and the AAP, drawing significant attention to the intricacies of financial and political accountability in India. The case underscores the necessity for stringent legal scrutiny and the balancing act between judicial oversight and executive power in the country’s legal system.

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