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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