The Supreme Court granted interim bail to Arvind Kejriwal

Arvind Kejriwal, the Chief Minister of Delhi, has returned home after being granted bail by India’s Supreme Court following his arrest in a corruption case related to alleged irregularities in an alcohol sales policy.

Kejriwal, a prominent figure in Indian politics known for his anti-corruption stance, was accused of accepting bribes to favor private businesses in the now-scrapped Delhi alcohol policy. Despite maintaining his innocence and denouncing the arrest as politically motivated, Kejriwal spent nearly two months in custody before being released on bail until June 1.

The case against Kejriwal, which involved allegations of kickbacks and corruption has been a focal point in Indian politics, with opposition parties accusing the government of using investigative agencies to suppress dissent. Kejriwal’s arrest, the first of a sitting Chief Minister in India, sparked widespread protests and criticism, with his party, the Aam Aadmi Party (AAP), calling it an attack on democracy.

The Enforcement Directorate (ED) found a relatively small amount of cash during a search at Kejriwal’s residence, which was later returned, leading to further controversy and allegations of political interference in the legal process. Kejriwal’s arrest and subsequent bail have been part of a larger narrative of political tensions and accusations of misuse of power in the run-up to general elections in India.

The Supreme Court granted interim bail to Delhi Chief Minister Arvind Kejriwal until June 1, 2024. The court directed Kejriwal to report back to judicial custody on June 2, two days before the 2024 Lok Sabha election results.

Key Points:

  • The Supreme Court bench of Justices Sanjiv Khanna and Dipankar Dutta heard arguments of Kejriwal’s interim bail plea. The ED opposed bail, arguing it would set a wrong precedent and that Kejriwal had missed multiple summons.
  • The court noted that a 21-day interim bail would not significantly impact the case.
  • Kejriwal, who has not been convicted, lacks criminal antecedents and is not considered a threat to society.
  • Each case is evaluated based on its unique circumstances, and Kejriwal’s situation was taken into account, considering the ongoing elections and the legal questions surrounding his arrest.
  • The court initially suggested Kejriwal may not be able to perform official duties if granted bail due to the elections. However, in the final hearing lasting less than 5 minutes, the court granted interim bail without elaborating on the conditions.
  • The ED had filed an affidavit opposing “special treatment” for politicians during elections, but the court stated 21 days “here or there” would not make a difference given Kejriwal’s March arrest.
  • The court emphasized the need to take a holistic and libertarian view, especially during the election period, and highlighted that the right to campaign is not fundamental or constitutional.

The Supreme Court granted Arvind Kejriwal temporary bail to allow him to campaign for the ongoing Lok Sabha polls while directing him to return to custody shortly before the election results are announced.

Kejriwal’s return home signifies a temporary respite from his legal battles, but the underlying political turmoil and allegations of corruption continue to cast a shadow over his leadership and the broader political landscape in India. As he resumes his duties as Chief Minister, Kejriwal faces the challenge of navigating a complex political environment while striving to uphold his anti-corruption principles and lead Delhi effectively.

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