The Supreme Court on Friday granted interim bail to Delhi Chief Minister Arvind Kejriwal till 1st June on account of Lok Sabha Elections 2024. A money laundering case involving the Delhi liquor policy scam led to the arrest of Mr. Arvind Kejriwal on March 21.
A bench comprising of Justices Sanjiv Khanna and Dipankar Datta passed the judicial order. Justice Khanna pointing out the ED’s delay in arresting Kejriwal stated, “Now 21 days here and there will not make any difference…on June 2 Arvind Kejriwal will surrender.”
The court emphasised that general elections happen only once every five years. It stressed that it was dealing with an elected Chief Minister, not a serial offender. Interestingly, the interim bail comes a day after the ED had filed an affidavit in the Supreme court. The ED had opposed the grant of interim bail to Delhi CM Arvind Kejriwal.
What ED Said In Its Affidavit…
It stated that the grant of bail will “Create a precedent which would permit all unscrupulous politicians to commit crimes , avoid investigation under the grab of elections.” Further, “Any special concession” in Kejriwal’s favour would amount to “Anathema to the rule of law and equality.”
The ED added this will create two separate classes in the country. One of ordinary people who are bound by the rule of law and another of politicians who can seek exemptions. The ED in its affidavit also stated that the right to campaign in polls is neither fundamental nor constitutional. It stated that if Right to campaign is treated as as basis of granting interim bail then this would violate Article 14.
What The Delhi High Court Observed..
Previously the Delhi High court on April 9th had upheld that Kejriwal’s arrest. It stated that there was nothing illegal and that there was enough evidence to show his involvement. It said that the evidence showed his active involvement in the use and in the proceeds of crime.
The court Observed, “The evidence gathered by the ED indicates that Mr Arvind Kejriwal conspired and played an active role in the utilization and concealment of proceeds of crime. The ED’s case also suggests his involvement both in a personal capacity and as the convenor of AAP.”
However, the Supreme Court stated in its order that Delhi CM Mr. Kejriwal is not yet convicted and is so not a threat to the society. It further stated that since the matter is under subjudice, adopting a more “libertarian” view is justified. Thereby, granting the interim bail.
Future Implications….
The Supreme Court’s order has serious implications for the society. First and foremost, India has over 4 Lakh under trails which translates to 75% prisoners of the total prison population (Prison Statistics2022). If each one of them seeks bail citing professional obligations will the Supreme Court grant them bail too?
Recently, Sikh separatist Amritpal Singh has approached High Court, seeking temporary release to file nomination. He was detained under the National Security Act. Will the Supreme Court apply the same standard and release Singh on bond till June 1st ? According to Supreme court Lawyer, Mr. Shashank Shekar Jha, the supreme court has opened a Pandora’s box with the likes of Amritpal Singh seeking relief.
The order has set the social media ablaze with many questioning Judiciary. Some of these posts are-
Judiciary is not the same for everyone… pic.twitter.com/Z8x1Uai03h
— Mr Sinha (Modi's family) (@MrSinha_) May 10, 2024
Supreme Court went against Constitution of India 🚨
Article 14 guarantees “Right to equality” before the law.
But,
Supreme Court granted interim bail to Arvind Kejriwal for campaigning in elections.Are Politicians ≠ Common public?
Are Politicians > Farmer/Businessmen? pic.twitter.com/KZEJLAcFxi
— Shashank Shekhar Jha (@shashank_ssj) May 10, 2024
Kejriwal was granted bail only and only because he wants to campaign.
If professional obligations or needs become grounds for bail, tomorrow a cricketer jailed for a crime might seek bail to play in the IPL, an actor to make films, a doctor to perform surgeries, Babas to…
— THE SKIN DOCTOR (@theskindoctor13) May 10, 2024
Mr. Ajeet Bharti took to X and posted the following video.
केजरीवाल को जमानत देने वाली #दोगली_न्याय_व्यवस्था के नाम संदेश#ArvindKejariwal #SupremeCourt #DestroyedIn90seconds pic.twitter.com/5yPGwZw9xl
— Ajeet Bharti (@ajeetbharti) May 10, 2024
All in all, as observed on internet common man seems to be unhappy with the recent order. They feel that judiciary has given special exemption to politicians over ordinary citizens.