The Supreme Court on Friday granted interim bail to Arvind Kejriwal in the money laundering case linked to the alleged liquor policy scam case, giving huge relief to the Delhi chief minister.
While Kejriwal would not walk out of jail immediately after getting interim bail as the CBI also arrested him in a corruption case, the question of whether the AAP leader should continue to hold the chief minister’s chair came up during the hearing.
Kejriwal did not step down as Delhi CM after his arrest in March, unlike Jharkhand Chief Minister Hemant Soren, now out on bail, who gave up his post to Champai Soren before his arrest. The Delhi chief minister’s decision to continue holding the office drew the ire of the Bharatiya Janata Party with many leaders questioning its legality.
On Kejriwal’s post as CM
In its judgment, the apex court said, “We are conscious that Arvind Kejriwal is an elected leader and the Chief Minister of Delhi, a post holding importance and influence. We have referred to the allegations.”
“While we do not give any directions as we are doubtful whether a Court can direct an elected leader to step down or not to function as a Chief Minister or a Minister, we leave it to Arvind Kejriwal to make a call. The larger bench, if deemed appropriate, can frame questions and decide the conditions that can be imposed in such cases,” it added.
Earlier in May, when he was granted interim bail owing to the Lok Sabha elections, Kejriwal said, “When I was in jail, some people raised this issue that why doesn’t Arvind Kejriwal resign from the post of Delhi CM? I have not come to become CM or PM.”
He said that in 2015 AAP formed the government in Delhi with the most “historic majority” and that no other party could “win in any state with such a huge margin.”
“They knew could never defeat AAP, so a conspiracy was hatched to send Kejriwal to jail and the government would fall but we did not fall into their trap,” the chief minister added.
On legality of ED’s arrest
The Supreme Court also referred the questions about the legality of his arrest in the Enforcement Directorate (ED) case to a larger bench.
The court said since the matter is concerned with the right to life and the issue of arrest has been referred to a larger bench, Kejriwal be released on interim bail.
The top court framed three questions related to power, the necessity of arrest under section 19 of the Prevention of Money Laundering Act and the policy of arrest by the ED.
It said Kejriwal will be released on interim bail in terms of the conditions in the order of May 10.
With inputs from agencies
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Should Kejriwal resign as Delhi CM? Was his arrest by ED legal? Here’s what SC said
