Delhi Excise Policy Scam: Supreme Court grants interim bail to Arvind Kejriwal till June 01, 2024

Today (May 10, 2024), the Supreme Court (SC) of India granted interim bail to Delhi Chief Minister Arvind Kejriwal in the money laundering case till June 01, 2024, to campaign for the ongoing Lok Sabha elections. He was arrested by the Enforcement Directorate (ED) in March 2024 in connection with the Delhi excise policy scam and he has been in jail since then. While granting interim bail to Arvind Kejriwal, the bench comprising Justice Sanjiv Khanna and Justice Dipankar Datta asked him to surrender on June 02, 2024. 

During the proceedings, Solicitor General Tushar Mehta, appearing for the ED, submitted that Amrit Pal Singh who has been detained under the National Security Act over Khalistani activities has also approached the Court for bail to contest in the elections. He further added that granting bail to CM Kejriwal based on elections would result in a cascading effect. Justice Khanna replied, “That is something different.” He further said, “Let us not put in a straightjacket like that. We are passing an order giving him interim relief till June 1, 2024..we will upload the order by evening.” 

Justice Khanna also said that “August 2022, the ED registered the ECIR. He was arrested in March 2024. For one and a half years he was there. Arrest could have been even afterwards or before. Then, 21 days here or there should not make any difference.” SG Mehta urged that certain conditions such as he should not speak to the press or date to surrender should be imposed by the bench. On the other hand, Senior Advocate Abhishek Manu Singhvi, appearing for Arvind Kejriwal, requested the bench to grant bail to Kejriwal till June 04, 2024 (declaration date of election results). However, the top court granted interim bail to Arvind Kejriwal and asked him to surrender on June 02, 2024, on the following terms and conditions:

• “he shall furnish bail bonds in the sum of Rs.50,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent;
• he shall not visit the Office of the Chief Minister and the Delhi Secretariat;
• he shall be bound by the statement made on his behalf that he shall not sign official files unless it is required and necessary for obtaining clearance/ approval of the Lieutenant Governor of Delhi;
• he will not make any comment with regard to his role in the present case; and
• he will not interact with any of the witnesses and/or have access to any official files connected with the case.”

The final arguments in Delhi CM Kejriwal’s petition against the ED arrest would be concluded next week (starting from May 13, 2024), said Justice Khanna while pronouncing the order.