Here's why Supreme Court granted interim bail to Arvind Kejriwal

New Delhi: In a major relief to Delhi chief minister Arvind Kejriwal, the Supreme Court granted him interim bail with several conditions till June 1 to campaign in the ongoing Lok Sabha elections.

The matter relates to alleged corruption and money laundering in the formulation and execution of the Delhi government's now-scrapped excise policy for 2021-22 (commonly known as Delhi liquor scam).

In its detailed order, the apex court said that the prosecution had rightly pointed out that the appellant – Arvind Kejriwal had failed to appear in spite of nine (9) notices/summons, first of which was issued in October 2023. 

The Supreme Court noted this as a negative factor, but said that there were several other facets which the judges were required to take into consideration.

Here are the reasons spelled by the Supreme Court why it granted interim bail to Kejriwal:

1. The appellant – Arvind Kejriwal is the Chief Minister of Delhi and a leader of one of the national parties. No doubt, serious accusations have been made, but he has not been convicted. 

2. He does not have any criminal antecedents. 

3. He is not a threat to the society. 

4. The investigation in the present case has remained pending since August 2022. 

5. Arvind Kejriwal was arrested, as noted above, on 21.03.2024. More importantly, legality and validity of the arrest itself is under challenge before this Court and we are yet to finally pronounce on the same.

6. The fact situation cannot be compared with harvesting of crops or plea to look after business affairs. In this background, once the matter is subjudice and the questions relating to legality of arrest are under consideration, a more holistic and libertarian view is justified, in the background that the 18th Lok Sabha General Elections are being held.

While directing Kejriwal to be released on interim bail till 1st of June 2024, the Supreme Court ordered him to surrender on June 2, 2024.

The terms and conditions laid out by the apex court are:

(a) he shall furnish bail bonds in the sum of Rs.50,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent;

(b) he shall not visit the Office of the Chief Minister and the Delhi Secretariat;

(c) he shall be bound by the statement made on his behalf that he shall not sign official files unless it is required and necessary for obtaining clearance/ approval of the Lieutenant Governor of Delhi;

(d) he will not make any comment with regard to his role in the present case; and

(e) he will not interact with any of the witnesses and/or have access to any official files connected with the case.

The Supreme Court concluded that the grant of interim bail will not be treated as an expression of opinion on the merits of the case or the criminal appeal which is pending consideration before us.