
Earlier in a significant development, the Supreme Court stated on May 3 that it is inclined towards granting interim bail to Delhi Chief Minister Arvind Kejriwal on grounds of ongoing Lok Sabha elections. The court has asserted that the elections cannot be ignored and the parties are entitled to argue that arrest has taken place just before elections. Even if we feel that arrest is legal, we can still grant interim bail.
Kejriwal was arrested on March 21, which was days after the Model Code of Conduct for the general election was declared on March 16. He is currently lodged in Tihar jail for his fifth stretch of remand till May 7.
However, the apex court of India postponed the hearing for May 9, and today the Bench, comprising of Justices Sanjiv Khanna and Dipankar Datta, says it has passed an order giving the Kejriwal interim bail till June 1.
Acquiescing senior advocate A.M. Singhvi, appearing for Kejriwal, who had said that the Chief Minister will himself give a statement of staying away from official duties if given bail, rather than the Court passing an order to that effect, Justice Khanna observed, “Such a development would have a cascading effect.”
The interim bail has been opposed by Senior General Tushar Mehta on grounds that Kejriwal did not respond to summons of Enforcement Directorate (ED) three or four times citing elections. “He was arrested in March,” reasons Justice Khanna.