The Supreme Court has given Delhi Chief Minister Arvind Kejriwal bail till June 1, the final phase of voting for the seven-stage 2024 Lok Sabha election. The Aam Aadmi Party boss – arrested by the Enforcement Directorate on March 21 in the alleged Delhi liquor policy scam case, and currently in the city’s Tihar Jail – must surrender to prison officials by June 2.
In granting interim bail for Mr Kejriwal, the Supreme Court shot down arguments about the term of release, noting, “21 days (the period of bail) will not make any difference.”
“Let us not draw parallels with any other case…” the court said, pointing out the ED had registered its case two years ago and that Mr Kejriwal was only arrested in March 2024.
“For one-and-a-half years he was there… he could have been arrested before or after (the election) also. Whatever it is, 21 days here or there should not make any difference.”
The two-judge bench – Justice Sanjiv Khanna and Justice Dipankar Datta – said bail conditions would be similar to those imposed on Rajya Sabha MP Sanjay Singh, Mr Kejriwal’s colleague who was arrested in October in connection with the same case and given bail in early April.
Crucially, Mr Singh was allowed to participate in political activities, meaning he could campaign for the AAP. And that is what Mr Kejriwal is also expected to be able to do, once he is released. Sources said the AAP boss could walk out of Tihar as early as this evening.
Shortly after Mr Kejriwal also got bail, Mr Singh posted on X. “The truth can be troubled but not defeated. The decision of the Supreme Court is welcomed. The dictatorship will end and the country will see the wonders of Kejriwal… Satyamev Jayate (the truth will win),” he said.
Mr Kejriwal’s release order has been cheered by the opposition, including the Congress, which heads the INDIA bloc of which the AAP is a member. “We welcome the intervention by the Supreme Court in granting interim bail to Arvind Kejriwal…” Congress leader Pawan Khera said, as he then switched focus to former Jharkhand Chief Minister Hemant Soren.
“We hope the ex-Chief Minister of Jharkhand, Hemant Soren, also gets due justice.”
Trinamool Congress leader and Bengal Chief Minister Mamata Banerjee also welcomed the decision, posting on X, “I am very happy to see that Arvind Kejriwal has got interim bail…”
Ex-Maharashtra Minister Aaditya Thackeray also spoke up, saying, “Arvind Kejriwalji getting justice and relief against dictatorial regime in the country is a huge sign of winds of change.”
Mr Thackeray said, “He has been speaking the truth and that is what the BJP dislikes. More power to him and the INDIA alliance. We will protect our Constitution and democracy!”
Earlier, appearing for the AAP boss, who had originally approached the Supreme Court to challenge his arrest by the ED, senior advocate Abhishek Manu Singhvi sought interim bail till June 4, when the election result will be declared.
This, though, was refused, with the court saying campaigning for the seventh and final stage would have stopped 48 hours prior to voting.
Mr Kejriwal’s legal team had made a strong pitch for the Delhi Chief Minister to be released on interim bail to allow him to campaign for his AAP, and the INDIA opposition bloc, before the election for Delhi’s seven Lok Sabha seats – all held by the BJP – on May 25.
On Thursday the ED, which had strongly opposed grant of bail to Mr Kejriwal, filed an affidavit outlining its objections. The central agency – which has been criticised for operating at the behest of the ruling BJP to target and harass its political rivals before the election – said no politician could claim “special status” higher than that of an ordinary citizen, and is as liable to be arrested and detained for committing offences as any other citizen.
There is no “fundamental” right that will allow Arvind Kejriwal the right to claim bail to campaign for the election, the ED argued. The agency also pointed out that no political leader had ever been granted bail for campaigning and said that releasing Mr Kejriwal from jail to canvas for his party candidates would set a wrong precedent.
In Tuesday’s hearing, the court had recognised Mr Kejriwal as the elected Chief Minister of Delhi and not a habitual offender. “There are elections… these are extraordinary circumstances and he is not a habitual offender,” the bench of Justice Sanjiv Khanna and Justice Dipankar Datta had said.
The court had earlier said it would consider the question of bail for Mr Kejriwal not on grounds of his political profession, but purely on possible exceptional circumstances that warrant the temporary release of the AAP leader.
In a critical question to the ED, the court asked why it had taken it two years to act against the Chief Minister and his party. “The issue is that it has taken two years for this. It is not good for any investigating agency to say that it takes two years to unearth… now when will the trial start,” it asked.
Mr Kejriwal was arrested in March in the alleged Delhi liquor policy scam. His arrest was preceded by that of his former deputy, Manish Sisodia and Sanjay Singh. The ED claims the liquor policy (now scrapped) created by the AAP government allowed it to receive kickbacks for license allotment, which was to the tune of Rs 100 crores that was used to fund poll campaigns. The AAP and Mr Kejriwal have firmly denied the charges, and have accused the BJP of making false accusations to discredit the party and its leaders before the election.
