"For the aforesaid reasons, we direct that the appellant – Arvind Kejriwal will be released on interim bail in connection with case ECIR No. HIU-II/14/2022 on 22.08.2022 till 1st of June 2024," read the Supreme Court order on Friday that granted interim bail to Delhi Chief Minister Arvind Kejriwal, in a money laundering case linked to the Delhi liquor policy.
A bench, comprising Justices Sanjiv Khanna and Dipankar Datta, has asked the AAP chief to surrender before the court on June 2, a day after the polling ongoing Lok Sabha elections will end. The bench rejected the vehement argument of the Enforcement Directorate (ED) counsel that enlarging Kejriwal on interim bail to campaign in the elections will be without a precedent. They also noted that the ongoing Lok Sabha elections cannot be ignored as Kejriwal is a leader of a leading political party.
The court did not concur with his contention that interim bail to the AAP national convenor for campaigning would be like giving "premium of placing the politicians in a benefic position compared to ordinary citizens of this country". For those interested in a deepdive, here are five salient observations made by the Supreme Court while granting bail to the AAP leader.
1. Lok Sabha elections matters
"Given the prodigious importance (of general elections), we reject the argument raised on behalf of the prosecution that grant of interim bail/release on this account would be giving premium of placing the politicians in a benefic position compared to ordinary citizens of this country. While examining the question of grant of interim bail/release, the courts always take into consideration the peculiarities associated with the person in question and the surrounding circumstances. In fact, to ignore the same would be iniquitous and wrong."
2. Improper to send Delhi CM to trial court now
"At this stage, it is not possible for us to either conclude the arguments or finally pronounce the judgment. However, there is an intervening factor which has prompted us to consider and pass the present order, namely, 18th Lok Sabha General Elections, which are in progress. As the appeal is pending before us, we do not think it would be proper for us to direct the appellant – Arvind Kejriwal to approach the trial court for interim bail/release. This may not be apt in view of the legal issues and contentions that are under examination and consideration before us."
3. Delhi CM not a threat to society
"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. He does not have any criminal antecedents. He is not a threat to the society."
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4. Legality of arrest remains contested
"The investigation in the present case has remained pending since August 2022. 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. 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."
5. Not an exceptional case
"Power to grant interim bail is commonly exercised in a number of cases. Interim bail is granted in the facts of each case. This case is not an exception"
'Found sufficient material...' Delhi Court frames sexual harassment charges against ex-WFI chief Brij Bhushan Saran Singh
A Delhi Court ordered the framing of sexual harassment charges against BJP MP and former Wrestling Federation of India (WFI) chief Brij Bhushan Saran Singh on Friday. He was discharged in the allegations levelled against him by victim number 6 in the case.
“This court has found sufficient material on record to frame charges against accused no. 1 Brij Bhushan Saran Singh for the offences under Section 354 (outraging modesty of woman) and 354A (sexual harassment) of the Indian Penal Code regarding victims no. 1, 2, 3, 4 and 5,” the court order reportedly read. It will formally frame the charges on May 21.
Charges will be framed also against Vinod Tomar, who is the accused number two in the case, under Section 506 part 1 (Punishment for criminal intimidation) regarding victim no 1. He was reportedly discharged of the remaining offences, Live Law said in a report. Tomar is a former assistant secretary of the Wrestling Federation of India.
The order was passed by Additional Chief Metropolitan Magistrate (ACMM) Priyanka Rajpoot of Delhi's Rouse Avenue Courts. In April the judge had dismissed Singh's application seeking further investigation in the case. Brij Bhushan Saran Singh claimed that he was not in India on the date in question, Live Law reported.
The order comes not long after the BJP decided to replace Brij Bhushan Singh with his son Karan Bhushan Singh from Uttar Pradesh's Kaiserganj constituency.
The Delhi Police had filed a charge sheet in the case against Singh, a six-time MP, on June 15 under sections 354 (assault or criminal force to woman with intent to outrage her modesty), 354A (sexual harassment), 354D (stalking) and 506 (criminal intimidation) of the Indian Penal Code.