If Hearing Takes Time, We May Consider Granting Interim Bail Because Of Election: Supreme Court While Hearing Arvind Kejriwal's Plea Against Arrest
While hearing Delhi Chief Minister Arvind Kejriwal's plea challenging the Delhi High Court's Judgment upholding his arrest in the money laundering case stemming from the Delhi excise policy scam, the Supreme Court today observed that it may consider granting interim bail to on account of elections.
The Bench of Justice Sanjiv Khanna and Justice Dipankar Datta said, "It appears we can't complete today. Let us hear you on Tuesday, let me make it clear, we may consider Interim Bail because of elections."
"We are not saying anything today. But we may ask. Please be prepared on Tuesday...We are just being open about it, do not assume anything," the Court clarified.
Opposing the plea, Additional Solicitor General (ASG) SV Raju appearing for the ED contended that Kejriwal had moved the Delhi High Court seeking protection from any coercive action by the agency, but he did not file an Application under Section 438 of the Code of Criminal Procedure.
To this, Justice Khanna said, "The answer to this, according to them, is that they were not apprehending arrest."
Raju submitted that evasive answers can't be a ground to arrest but it can be taken into consideration. The ASG submitted that in the present case, there is sufficient material in possession.
Justice Khanna asked, "The prime accused, in this case is the party (Aam Aadmi Party) Right?...He (Kejriwal) has not been chargesheeted by the CBI. Cognizance not taken. If AAP is the main accused, till adjudication proceedings are initiated against AAP, can you prosecute him?"
"Yes, there need not be adjudication... the party is the accused as well as he (Kejriwal) in individual capacity also," ASG Raju contended.
Accordingly, the Court adjourned the matter for further submissions of ASG to May 7 at 10:30 am.
On April 29, the Bench had asked the Senior Counsel appearing for the Delhi CM, "Why have you not filed any Application For bail?"
Previously, the Enforcement Directorate had filed an extensive Affidavit-in-reply to the Special Leave Petition by the Delhi Chief Minister, Arvind Kejriwal, assailing the order passed by the Delhi High Court upholding the arrest and remand in the money laundering case. The ED in its reply has alleged that Arvind Kejriwal is the kingpin and key conspirator in the Delhi Liquor Policy Excise Scam, responsible for the mass destruction of evidence and the main facilitator of the new policy for the bribe givers.
The ED stated in its Affidavit that there are reasons to believe based on material in possession that Kejriwal is guilty of the offence of Money Laundering. The ED also made a comparative table to demonstrate the changes made that were allegedly arbitrary and irrational, made only to ensure large-scale profits to the bribe givers. It was also stated by the ED that Arvind Kejriwal was asked to provide the password to his mobile phones again and again, but he refused to share the same and even his statements during custody would reveal that despite being confronted with materials, the petitioner chose to give completely evasive answers.
The Supreme Court had issued the notice in the Special Leave Petition filed by Delhi CM Arvind Kejriwal challenging the Delhi High Court's Judgment upholding his arrest in a money laundering case stemming from the Delhi excise policy scam.
On April 10, Senior Advocate Abhishek Manu Singhvi had mentioned seeking urgent listing and hearing of the Petition. While mentioning, Singhvi had told the Apex Court that the High Court's Judgment was passed based on unrelied documents that were suppressed from them. On April 1, Kejriwal was granted judicial custody till April 15, which was extended till April 23 and then now extended till May 7, 2024.
It is also to be noted that on March 27, the High Court had refused to grant any interim relief to the Chief Minister of Delhi. The Court had directed ED to file its reply in the interim Application as well as the main Writ Petition by April 2 and had clarified that no adjournment shall be granted on the date of the final hearing, i.e., April 3.
On March 28, the CM had made submissions in Hindi after obtaining permission from the Trial Court despite his Lawyers being present. Kejriwal had said a smokescreen of the AAP being corrupt had been created before the nation, and he had added that he is ready to face the ED probe. The submissions were made when the CM was produced on the expiration of his ED remand.
The AAP had first moved the Apex Court on March 21, 2024, late in the evening after the ED arrested Kejriwal. The agency took him to its headquarters in Central Delhi. The Delhi CM's legal team had attempted to get a late-night hearing from the Supreme Court. However, no special Supreme Court Bench was set up on Thursday night to hear the CM's plea challenging his Arrest. The Arrest of the first sitting Chief Minister came hours after the Delhi High Court had refused to grant protection to the AAP national convenor from any coercive action by the agency.
Cause Title: Arvind Kejriwal v. Directorate of Enforcement [SLP (Crl) No. 5154/2024]
