IANS | 07 May, 2024
The Supreme Court bench, which initially decided to pronounce its
judgement on Tuesday on the interim bail plea of incarcerated Delhi
Chief Minister Arvind Kejriwal in the excise policy case, will most
likely take up the matter again on May 9 or the next week.
A bench
of Justices Sanjiv Khanna and Dipankar Datta was hearing CM Kejriwal's
petition challenging his arrest by the Enforcement Directorate (ED) in
the case.
CM Kejriwal promised the court to refrain from signing
any official documents if granted interim bail in connection with the
case. This assurance came through his counsel, Senior Advocate AM
Singhvi.
Justice Khanna specifically pointed out the challenges
related to CM Kejriwal’s participation in the upcoming elections and his
engagement in official duties, underlining that his active involvement
could lead to "cascading effects".
Singhvi argued that CM Kejriwal
was not a habitual offender and posed no threat to society, suggesting
that his release would not be inappropriate.
CM Kejriwal said that
he would not sign any official file given that the Lieutenant Governor
(L-G) would not halt government work on the basis that files were
unsigned by him.
Moreover, the bench put several questions before
the agency in the pre-lunch session. It asked the federal probe agency
why the CM can't be released on interim bail in view of the ongoing
general elections. The court also said that this is an extraordinary
situation and that it is not like he is a habitual offender.
The
probe agency opposed the grant of relief saying that it would set a
wrong precedent and that politicians have no special rights as compared
to normal citizens.
The petition was filed challenging the April
10 judgement of the Delhi High Court which dismissed his plea
challenging the ED arrest. CM Kejriwal was arrested on March 21 and has
been under custody since then.
Last time, the court had told
Additional Solicitor General S.V. Raju, representing the Enforcement
Directorate (ED), to get prepared on the question of interim release of
the AAP supremo due to elections.
The bench had clarified that it
was merely informing both sides to get prepared on the question of
interim bail as the final hearing in the case could be prolonged. "If it
(conclusion of hearing) is going to take time, it does appear it may
take time, we may then consider the question of interim bail because of
the elections," the apex court had said. Further, it had asked ASG Raju
to take instructions if CM Kejriwal, because of the position he holds,
can be allowed to sign official files in custody.
