On Monday, the Delhi chief minister Arvind Kejriwal’s detention in the excise policy issue led to a plea that the Supreme Court dismissed. The top court stated that while it is an issue of propriety, Arvind Kejriwal’s dismissal as chief minister after his incarceration is not legally permissible.

The Delhi Lieutenant Governor, VK Saxena, is free to take action if he so chooses, but “we will not interfere,” according to the bench of Justices Sanjiv Khanna and Dipankar Datta. The Delhi High Court petitioner was not the same as the one who sought the Supreme Court, as the bench further noted with reference to Kant Bhati.

“What’s the right legally? Why should we discuss any of this? You may have a point about appropriateness, but you have no legal authority to make it. Judge Khanna was cited by Live Law as telling the petitioner, “Let the LG take action if he wants to…we are not inclined.”

“We have no desire to tamper with the contested decision. The bench pronounced the decision, saying, “The Special Leave Petition is dismissed.”

The Delhi High Court dismissed the Public Interest Litigation on April 10th, citing publicity-seeking motives and imposed a ₹50,000 fee. It was seen that the petitioner continued with the case even though he was aware of three court judgements rejecting the same pleas.

The Supreme Court’s decision comes days after it granted Arvind Kejriwal temporary release on Friday of last week so he may campaign in the Lok Sabha elections of 2024 until June 1 because the issue of the legality of his arrest was still being investigated.

Arvind Kejriwal’s bail has been conditioned on his surrender on June 2 and his inability to attend the chief minister’s office or the Delhi secretariat, according to a panel of Justices Sanjiv Khanna and Dipankar Datta.

“Power to grant interim bail is commonly exercised in a number of cases,” the court declared. Depending on the specifics of each case, interim bail is granted. This instance is not unique.

The Aam Aadmi Party, which is running in coalition with the Congress for all four seats in Delhi and all of Punjab’s seats, saw a significant lift in support from the order.

The AAP’s national convenor, Arvind Kejriwal, was taken into custody on 21 March in connection with the Deljhi liquor policy fraud. He has contested the Enforcement Directorate’s legality of his arrest.

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Revanth Reddy, the chief minister of Telangana, became the latest leader of the Congress party and the opposition to cast doubt on the legitimacy of the Indian Air Force’s (IAF) operation on Pakistani territory in February 2019 when he questioned the validity of the Balakot airstrikes on Friday.

“It’s unclear whether the airstrike actually occurred as reported. At a news conference, Reddy stated, “If it was our (Congress’) responsibility to ensure the nation’s internal security, we wouldn’t have left it in anyone’s hands.”

The head of the Congress party charged that Prime Minister Modi and the BJP were attempting to get “political benefits” from the attack on Pulwama and the IAF’s retaliation strikes.

“May I inquire what you were doing, PM? Why did you allow the attack on Pulwama to occur? What steps did you take to strengthen internal security in the nation? Why didn’t you enlist the aid of organisations like the IB and R&AW that were at your disposal? You were the one who failed,” he yelled.

The chief minister of Telangana then urged voters to unseat the Modi administration in the current Lok Sabha elections.

“Winning elections is the only thing that matters to Modi. His kind of thinking is detrimental to the nation. The nation needs to rid itself of Modi and the BJP at this point. They were unable to stop the incident in Pulwama. What was going on at the Intelligence Bureau? Reddy enquired.

On February 14, 2019, a Jaish-e-Mohammed suicide bomber crashed an IED-laden car into a Central Reserve Police Force (CRPF) bus, resulting in the Pulwama incident. IAF fighter planes destroyed a Jaish stronghold in Balakot, Pakistan, on February 26, killing a significant number of terrorists and damaging their infrastructure.

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In the Delhi excise policy case, the Supreme Court on Friday granted interim bail to Delhi Chief Minister Arvind Kejriwal until June 1 in light of the ongoing general elections. The court rejected the Enforcement Directorate’s (ED) arguments that political leaders should not receive any “special treatment” in connection with their campaigning.

A panel of justices Sanjiv Khanna and Dipankar Datta said, “We are passing an order giving him interim bail till June 1,” hinting that a more thorough ruling will be made later in the day.

In the case, ED’s solicitor general Tushar Mehta and assistant solicitor general SV Raju protested to the temporary bail, arguing that everyone should get “equitable treatment.” However, the bench dismissed the protests. Law enforcement officials pleaded with the judge to place restrictions on Kejriwal, promising him not to discuss the excise policy matter while he was out on bond.

At this time, Kejriwal’s attorney, senior lawyer Abhishek Manu Singhvi, asked the bench to extend the temporary bail period till June 4, the day the Lok Sabha election results are announced. The plea was rejected by the bench.

Mehta stepped in and asked that the court order specify that he will turn himself in to the Tihar jail officials on June 2 and that the bail period would not be extended.

Justice Khanna nodded and added, “He will surrender on June 2.” The bench then stood, signalling that when the court reconvenes after the summer holiday, in July, Kejriwal’s appeal contesting his detention by the ED on March 21 and the ensuing remand will be considered in full.

These events occur in the midst of the upcoming general election, when polls are expected to be held on June 1 in Punjab and May 25 in Delhi.

Affidavits against “special treatment” for political individuals because of the election were submitted on Thursday by ED. It said that granting bail for the purpose of conducting a poll would create a risky precedent that would erode equality before the law and the rule of law.

According to the agency, granting bail to politicians for the sake of campaigning would provide a loophole that would prevent any politician in a nation like India, where elections are an annual event, from ever being arrested or imprisoned.

In earlier sessions, the court hinted at the possibility of Kejriwal receiving temporary release in light of the election, but it voiced concerns about letting him carry out his chief ministerial responsibilities during that time, citing potential conflicts.

The issue concerns claims of anomalies in the excise policy, which the Central Bureau of Investigation (CBI) started looking into in July 2022 on the Lieutenant Governor of Delhi’s advice.

The third leader of the Aam Aadmi Party (AAP) to be taken into jail in this matter is Arvind Kejriwal, who is now in judicial custody. Manish Sisodia, his former constable, has been incarcerated since February 2023. Sanjay Singh, an AAP Rajya Sabha member, was detained for six months before being granted release in April.

ED had argued that treating politicians differently from regular residents was a reason not to grant Kejriwal bail. Kejriwal’s dual role as the chief minister and the AAP convener during the elections was recognised by the court, which described it as a “extraordinary situation” deserving of consideration for interim relief.

Concerns were voiced by the court on the possible consequences of granting Kejriwal temporary release and enabling him to sign official documents. “We would prefer that you not carry out your official responsibilities. Conflict would result from it. It is your decision to continue serving as the chief minister, as you have done. That is not the problem we are addressing. However, however, appropriateness rather than legality is the concern. We oppose any meddling in the government’s operations. There would be a ripple effect, Singhvi was informed by the bench.

At first, Singhvi opposed to the suggested requirement, citing the political and democratic rights of his client. Later, he consented that if the Lieutenant Governor would not delay any government proposal by pointing to the lack of the chief minister’s signature, Kejriwal would not sign files during the bail time.

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