‘We cannot say anything’: Supreme Court on ED plea seeking action against out-on-bail Arvind Kejriwal

The Supreme Court has dismissed the Enforcement Directorate (ED) plea for action against Delhi Chief Minister Arvind Kejriwal, concluding that his remark — “if you vote for AAP, I won’t have to go back to jail” — did not breach his bail conditions. The court emphasised that Kejriwal’s comment was his personal opinion and did not warrant legal action.

The court stated, “It is his assumption…we cannot say anything. Our order on the Chief Minister returning to jail on June 2 is clear. That is the decision of this court and we will be governed by the rule of law.”

The Supreme Court addressed the ED’s concerns regarding the precedent of granting bail to arrested political leaders during election campaigns, affirming that no exceptions were made in this case.

“We have not made any exceptions. We welcome criticism of our decision, but we will not go into this issue. Our order is clear…we have set the dates and given reasons for granting interim bail.”

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Solicitor General Tushar Mehta had argued that Kejriwal’s campaign statement violated the court’s conditions, calling it “a slap in the face of the judiciary.” However, the court did not find this argument sufficient to revoke Kejriwal’s bail.

Senior advocate Abhishek Manu Singhvi, representing Arvind Kejriwal, countered by noting that senior union ministers had made various statements against his client. He did not name these ministers.

During a campaign speech on Monday, Arvind Kejriwal expressed fear of imprisonment if the BJP-led National Democratic Alliance wins the 2024 Lok Sabha election. He claimed efforts had been made to “break and humiliate” him during his previous incarceration in Tihar Jail.

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“I have to go back to jail on June 2. I will be watching the results on June 4 from jail. If you make INDIA bloc (the Congress-led opposition grouping of which the AAP is a member) win, I will come back on June 5. If there is lack of effort, let us see when we will meet,” Arvind Kejriwal stated.

Last week, the court also dismissed a petition seeking Kejriwal’s removal as the Chief Minister. A bench comprising Justice Sanjiv Khanna and Justice Dipankar Datta indicated that any intervention should come from Delhi Lieutenant Governor VK Saxena, should the situation warrant it. The court found no legal merit in the petition, noting, “Ultimately it is a matter of propriety.”

Arvind Kejriwal was released on bail last week after the Supreme Court determined that, as a sitting Chief Minister, he was not a “habitual offender” and could campaign for his party. He was arrested on March 21 over his alleged involvement in the liquor policy scam that has embroiled the AAP and the opposition in controversy ahead of the elections. Both the AAP and Kejriwal have denied the charges, accusing the BJP of orchestrating a “political vendetta” against its rivals.