The Supreme Court granted interim bail to Delhi Chief Minister Arvind Kejriwal in the liquor policy case on Friday. The apex court observed mere interrogation does not allow for arrest.
Granting interim bail to the Aam Aadmi Party leader in the money laundering case registered by the Enforcement Directorate, a bench comprising Justices Sanjiv Khanna and Dipankar Datta observed Kejriwal has suffered incarceration of 90 days, Live Law reported. The bench referred the Delhi CM’s plea challenging ED’s arrest to a larger bench.
“As we are referring the matter to the larger bench, despite our findings on ‘reasons to believe’, we consider whether interim bail should be granted to Arvind Kejriwal, given the fact that the right to life and liberty is sacrosanct and Arvind Kejriwal has suffered incarceration for 90 days and questions referred to above require intense consideration by a larger bench. We direct that Arvind Kejriwal be released on interim bail in connection with the case,” Live Law reported quoting the verdict.
The Court also observed that it leaves it to Kejriwal to decide whether he should step down as chief minister. The bench said it is not giving any directions as it is doubtful whether a Court can direct an elected leader to step down. “We are conscious that Arvind Kejriwal is an elected leader and the Chief Minister of Delhi, a post holding importance and influence. We have referred to the allegations. While we do not give any directions as we are doubtful whether a Court can direct an elected leader to step down or not to function as a Chief Minister or a Minister, we leave it to Arvind Kejriwal to make a call. The larger bench, if deemed appropriate, can frame questions and decide the conditions that can be imposed in such cases,” the publication reported.
The ED arrested Arvind Kejriwal on March 21 in connection with alleged scam in the scrapped Delhi liquor policy. The CBI arrested him from Tihar prison on June 26 in a prevention of corruption case registered in connection with the alleged scam.
The matter relates to alleged corruption and money laundering in the formulation and execution of the Delhi government's excise policy for 2021-22, which has now been scrapped.
However, Kejriwal would not be released from Tihar prison since he is also facing charges in a connected case registered by CBI.
