New Delhi: The good news for Aam Aadmi Party (AAP) is that the Supreme Court has granted interim bail to Delhi Chief Minister Arvind Kejriwal, who is also the party’s convenor, in the Delhi liquor policy case, and the party reacted by saying, "Satyamev Jayate".
But the bad news is that he continues to remain in jail, since he was also arrested by the CBI, and the bail conditions say that he would not visit the office of the Chief Minister and not sign official files unless it is required and necessary for obtaining clearance/approval of the Lieutenant Governor of Delhi.
The good of the apex court ruling
The bench said as it is referring the matter to a larger bench, we have to, despite our findings on "reasons to believe", consider whether interim bail should be granted to Arvind Kejriwal. "Given the fact that the right to life and liberty is sacrosanct, and Arvind Kejriwal has suffered incarceration of over 90 days, and that the questions referred to above require in-depth consideration by a larger Bench, we direct that Arvind Kejriwal may be released on interim bail….," said the bench.
The AAP has hailed the apex court for granting interim bail to Kejriwal in the excise policy scam case filed by the Enforcement Directorate (ED) and said this has "exposed" the BJP "conspiracy" against him. But Kejriwal’s, long and strenuous, legal battle is half won as he continues to stay incarcerated in the CBI case and also, the apex court has imposed conditions while ordering his release on interim bail.
'Can’t visit office, can’t sign official files'
A bench comprising Justices Sanjiv Khanna and Dipankar Datta have laid down five bail conditions, which have to be met by Kejriwal. The apex court said that Kejriwal should not visit the Office of the Chief Minister and the Delhi Secretariat and cannot "sign official files unless it is required and necessary for obtaining clearance/approval of the Lieutenant Governor of Delhi". "(a) 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; (b) he shall not visit the Office of the Chief Minister and the Delhi Secretariat; (c) 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", said the apex court.
The apex court said Kejriwal 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 apex court said the interim bail may be extended, or recalled by the larger bench, which will examine the legal scope regarding the necessity to arrest and the doctrine of proportionality in ED cases, where investigating officers have been given much discretion to make arrests.
Kejriwal to take a call on whether to step down or not
The bench said it is conscious that Arvind Kejriwal is an elected leader and the Chief Minister of Delhi, a post holding importance and influence and it has also referred to the allegations.
"While we do not give any direction, since we are doubtful whether the court can direct an elected leader to step down or not function as the Chief Minister or as a Minister, we leave it to Arvind Kejriwal to take a call. Larger Bench, if deemed appropriate, can frame question(s) and decide the conditions that can be imposed by the court in such cases”, said the bench.
Since his arrest by ED in March in the liquor policy case, BJP has vehemently protested against his continuation as Delhi Chief Minister. However, AAP has termed it a politically motivated witch hunt orchestrated by the BJP, which is ruling at the Centre. The courts have also rejected many petitions seeking directions to force Kejriwal to step down.
