SC imposes stringent conditions while granting interim bail to Kejriwal

Delhi Chief Minister Arvind Kejriwal was granted interim bail by the Supreme Court, but the stringent conditions laid down by the court for the relief—which are the same as the riders dictated by it for the bail given to him to campaign in the Lok Sabha elections—would limit his role at the helm of the government in the national capital.

Amongst the conditions laid down by the court for the interim bail is that Kejriwal will not visit the chief minister's office and the Delhi Secretariat. The court has also said he will be bound by the statement made on his behalf that he will not sign official files unless it is required and necessary for obtaining clearance or approval of the Lieutenant Governor of Delhi.

Further, Kejriwal is not allowed to make any comments with regard to his role in the present case and he will not interact with any of the witnesses or have access to any official files connected with the case.

The bail has been granted to Kejriwal provided he furnishes bail bonds amounting to Rs 50,000 with one surety of the same amount to the satisfaction of the jail superintendent. The conditions for the bail are the same as those set down by the top court when it granted him interim bail on May 10 to campaign in the Lok Sabha elections.

The two-judge bench of Justices Sanjiv Khanna and Dipankar Datta has granted interim relief to Kejriwal while forwarding the questions of legality of the arrest made under the Prevention of Money Laundering Act raised by him to a larger bench of the court. It said the interim bail may be extended, or recalled by the larger bench. Kejriwal continues to be in jail despite the bail granted by the Supreme Court because he is in judicial custody after being arrested by the Central Bureau of Investigation in the excise policy case.

“Given the fact that right to life and liberty is sacrosanct, and Arvind Kejriwal has suffered incarceration of over 90 days, and that the questions referred to above require in-depth consideration by a larger Bench, we direct that Arvind Kejriwal may be released on interim bail...,” the court said in its order.

Moreover, the court also referred to the question of whether it is appropriate for Kejriwal, who has been behind bars for over three months now, to continue to hold the position. The court said it cannot direct an elected leader to step down or not function as the chief minister or as a minister, and that it is leaving it to Kejriwal to take a call.

“We are conscious that Arvind Kejriwal is an elected leader and the chief minister of Delhi, a post holding importance and influence. We have also referred to the allegations. While we do not give any direction, since we are doubtful whether the court can direct an elected leader to step down or not function as the chief minister or as a minister, we leave it to Arvind Kejriwal to take a call,” the court said.

It, however, said, the larger bench, if deemed appropriate, can frame questions and decide the conditions that can be imposed by the court in such cases.