Kejriwal gets interim bail from SC, but to remain in jail in CBI case

Top court says 'power to arrest under PMLA can't be exercised as per whims of ED'

The Supreme Court on Friday granted interim bail to Delhi Chief Minister Arvind Kejriwal in the liquor-policy case and said the “power to arrest under the Prevention of Money Laundering Act (PMLA) cannot be exercised as per the whims and fancies of the Enforcement Directorate (ED) officer”.

“An officer cannot be allowed to selectively pick and choose material implicating the person to be arrested. They have to equally apply their mind to other material which absolves and exculpates the arrestee,” the Bench of Justice Sanjiv Khanna and Justice Dipankar Datta said.

The court was hearing Kejriwal’s petition challenging his arrest by the ED. His petition challenging the arrest has been referred to a larger Bench, which will examine whether the need for arrest must be read as a condition of Section 19 of the PLMA. The section gives the ED the powers to arrest individuals suspected of money laundering.

Though Kejriwal has been granted interim bail, he will remain in custody because he was separately arrested by the Central Bureau of Investigation on June 25 under the Prevention of Corruption Act in connection with the excise-policy case.

While giving the order the court said it could not direct an elected leader to step down from the office of a “functional” chief minister.

“It would be better if Mr Kejriwal himself made a decision,” Justice Khanna said.

Kejriwal has challenged his arrest by the CBI and has sought bail. The Delhi High Court has listed the matter for arguments on July 17.

The court, while observing that Kejriwal has suffered incarceration of over 90 days, laid down five conditions for his interim bail: The chief minister should furnish bail bonds; he should not visit the office of the chief minister and the Delhi secretariat; he will be bound by the statement made on his behalf that he shall not sign official files unless it is required for obtaining clearance/approval from the lieutenant governor of Delhi; he will not make any comment with regard to his role in the present case; and he will not interact with any of the witnesses and/or have access to any official files connected with the case.

The interim bail may be extended, or recalled by the larger Bench, the order said.

In the 64-page order, the court referred to the official data available on the ED’s website regarding its case, saying that as of January 31, 2023 (the last date on which the site was updated), 5,906 Enforcement Case Information Reports (ECIRs) had been registered. However, the search was conducted in 531 ECIRs. The number of ECIRs recorded against former legislators is 176. The number of persons arrested is 513. But the number of prosecution complaints filed is 1,142.

Supreme Verdict

> Apex court said officer cannot selectively pick and choose material implicating the person to be arrested

>  Laid down five conditions for his interim bail

> Said it could not direct an elected leader to step down from the office of a “functional” chief minister

> The interim bail may be extended, or recalled by the larger Bench