'Can't Perform Official Duties If...': No Order by SC on Arvind Kejriwal's Interim Bail Plea

The Supreme Court on Tuesday deferred pronouncing any order on the grant of interim bail to Delhi Chief Minister Arvind Kejriwal. The court however said that since Kejriwal was not a habitual offender, and since elections were going on, it may consider granting him bail.

New Delhi:The Supreme Court on Tuesday did not pronounce any order on Delhi Chief Minister Arvind Kejriwal’s interim bail plea in a money laundering case stemming from the alleged Delhi excise policy scam. The apex court will take up the matter again on Thusday (May 9) or next week or the following week.

A bench comprising Justices Sanjiv Khanna and Dipankar Datta hinted at giving interim relief to Kejriwal as the court said that he was "not a habitual offender" or involved in any other matter. The court said since the elections are going on, it may consider granting him interim bail in the Delhi excise policy case. However, the apex court put a rider that Kejriwal would not perform his official duties, as it would lead to a problem and also a cascading effect.

"We make it clear, we don't want you to be performing official duties if we release you on interim bail," the bench told Kejriwal. Senior advocate AM Singhvi, representing Kejriwal told the Court that the Delhi Chief Minister was willing to furnish an undertaking to not "sign any official files" if released on interim bail.

"...he will not sign any files, with a condition that LG may not stop any work on the ground that I have not signed any file," Singhvi told the apex court.

The apex court said if Kejriwal is granted bail and he performs his duties then it will lead to a conflict and if attends office as the CM, he will issue directions to others.

Opposing interim bail to Kejriwal, Solicitor General Tushar Mehta, representing the ED, said the Delhi Chief Minister is without a portfolio and did not sign any files. "Even the PM signs files for the portfolio/ministry, for which he is responsible," he said.

The bench has divided the hearing on Kejriwal's petition against his arrest into two parts. His main petition challenges his arrest by the ED and seeks it to be declared as illegal, while the second aspect pertains to grant of interim bail keeping in mind the ongoing Lok Sabha polls. The court has reserved the order on the issue of grant of interim bail.

Before rising for the day, the bench indicated that on Wednesday, the judges will be sitting in different combinations, and if the hearing on matters listed for Wednesday gets completed and the judges have time in hand, they would resume hearing Kejriwal's plea against his arrest by the ED.

"If not tomorrow, then we may take up the matter on Thursday. If not on Thursday, then we will be taking up this matter next week," said Justice Khanna, without specifying any time frame for pronouncement of verdict on the issue of interim bail.

Meanwhile, a Delhi court extended Kejriwal's judicial custody in the money laundering case till May 20. Special Judge for CBI and ED matters Kaveri Baweja extended Kejriwal's custody after the AAP leader was produced before the court through a video conference on the expiry of his remand granted earlier.
Kejriwal was arrested on March 21 and is currently lodged in Tihar Jail under judicial custody.

On April 9, the Delhi High Court had upheld Kejriwal's arrest, saying there was no illegality and the ED was left with "little option" after he skipped repeated summonses and refused to join the investigation.