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The legal team representing Delhi Chief Minister Arvind Kejriwal has welcomed the Supreme Court’s order granting him interim bail till June 1 in the excise policy case. Kejriwal’s counsel expressed happiness that the apex court did not impose any restrictions on the AAP leader’s ability to campaign during this period.
According to the lawyers, efforts will be made to secure Kejriwal’s release from Tihar Jail as early as possible, potentially on the same day as the order. They emphasized that the interim bail will provide much-needed relief to the Chief Minister ahead of the impending Lok Sabha elections.
Significantly, Kejriwal’s counsel hailed the Supreme Court’s decision as a potential landmark in the judiciary’s history. They stated that this order could set a precedent for other politicians facing similar circumstances, allowing them to seek interim bail for campaigning during elections.
Legal Benefits for the Politicians:
The legal ramifications of the Supreme Court’s interim bail order extend beyond Kejriwal’s case. While the right to campaign is not an explicit fundamental or constitutional right, courts have recognized it as an integral part of the democratic process.
By granting interim bail specifically to enable Kejriwal to campaign, the apex court has effectively accorded legal recognition to the principle that politicians should not be unduly hindered from participating in electoral activities, subject to specific conditions and the merits of each case.
However, this order should not be interpreted as a blanket permission for all politicians facing criminal charges to seek interim bail for campaigning. Courts will still evaluate each case individually based on factors such as the severity of allegations, the risk of influencing witnesses or evidence, and the overall interests of justice.
Nonetheless, the Kejriwal case has set a precedent that could potentially be cited in future instances involving politicians seeking interim bail to exercise their democratic rights during elections, subject to judicial scrutiny and appropriate conditions.