Will the Supreme Court Grant Arvind Kejriwal Interim Bail for Election Campaign?
During a crucial hearing, the Supreme Court showed signs of being open to granting interim bail to Delhi Chief Minister Arvind Kejriwal, who is under arrest in relation to allegations of money laundering linked with the excise policy of Delhi. The court did not pass any orders on the bail plea but indicated that it could reenter the matter for hearing on May 9. Justices Sanjiv Khanna and Dipankar Datta-led bench said it may consider granting bail due to the electoral significance; however, the election will become a bar for Kejriwal from assuming office again. The bench made it clear that if they grant Kejriwal bail, he cannot be allowed to perform his official duties as chief minister till elections are over as there could be conflict of interest affecting governance.
In this case we see not only India’s capital’s CM involved but also happening during charged electoral environment which makes this decision by Apex court more important than ever before. The top court has been cautious about its approach so as to ensure fair justice within legal standards without hampering political considerations keeping public trust intact.
The Solicitor General representing ED argued against giving bail saying that it differentiates ordinary citizens from political figures which should not be done by setting an example through pardon for Kejriwal who happened to get arrested close to elections leading people into thinking otherwise.
However, Tushar Mehta objected strongly saying such discrimination would create wrong precedence where person holding high offices can commit crimes knowing well they will be saved under law. He further added that timing of arrest near polls should not give birth to perception being politically motivated act.
Justice Khanna highlighted Arnab Goswami matter and spoke about equality among equals while referring to previous order which mentioned “equal treatment must be accorded” but clarified that relief granted in one case cannot become basis for pardoning politicians in other cases so this doesn’t give any special privileges to Kejriwal considering his situation as Chief Minister during elections.
The focus broadened with SG raising concerns over perception of laxity towards big fish in legal system especially when their actions affect many people’s lives directly or indirectly through policies they make being leaders themselves. He said that if law appears to be taking it easy on those who should know better, then credibility of judiciary will erode fast and nobody would trust court anymore.
Moreover, the Supreme Court also took note of the timing of arrest by ED and asked why did the agency wait till elections were announced to initiate investigation and probe only against Kejriwal when there are others involved too. This shows that judiciary is aware about political implications arising out of legal actions involving elected representatives at various levels.
The court reserved its order after hours-long arguments from both sides without giving any indication as to when it would pronounce the verdict These questions however still remain unanswered till next hearing which leaves more space for interpretations until next date.
The case has generated considerable interest among public because not only does it involve Delhi’s CM but also happens during charged electoral atmosphere thereby making SC decision very vital The court did not say anything on merits of case but indicated that it could take up matter again for hearing on May 9
