After the arguments by the Enforcement Directorate (ED) and the Supreme Court in the multi-crore liquor-gate scandal on Tuesday in the court, all eyes are on the judiciary to see whether AAP convenor and Delhi Chief Minister Arvind Kejriwal would be granted interim bail, allowing him a chance to campaign in the Lok Sabha elections.
After much deliberation on the arguments made by Kejriwal's legal team and those representing the probing agency, the Supreme Court deferred its order on the Delhi Chief Minister's interim bail plea, with a two-judge bench rising without pronouncing an order."
The court is likely to hear the matter on Thursday. Meanwhile, a Delhi court extended Kejriwal's judicial custody in the money laundering case till May 20. Special Judge for CBI and ED matters Kaveri Baweja extended Kejriwal's custody after the AAP leader was produced before the court through a video conference on the expiry of his remand granted earlier.
Legal experts are of the view there is a possibility that the Supreme Court might grant Kejriwal interim bail in view of the ongoing Lok Sabha polls. "Suppose we grant interim bail on account of elections. Then if you say you will attend office then it may have a cascading effect… Dr Singhvi if we give any interim bail we do not want you to be performing official duties as somewhere it will lead to conflict. We do not want interference at all in the working of the Government," the court remarked. However, in the same breath, the court also remarked," Let us see whether at all it (interim bail) should be given or not." The bench reserved its decision after hearing the arguments put forth by senior advocate Singhvi and Additional Solicitor General S V Raju, who appeared for Kejriwal and the ED, respectively.
Solicitor General (SG) Tushar Mehta, appearing for the ED, staunchly opposed showing any leniency to Kejriwal on account of the Lok Sabha polls and said granting interim bail to the AAP national convenor would amount to creating a separate class for politicians.
"Please do not earmark a political leader as a separate class and let them not be separated from the common man. It is being stated that nothing was done (by the ED) in 1.5 years and (he was) picked up during elections. That is not the correct impression at all," he said.
Releasing him because he is a politician is not a correct precedent, the SG insisted. "He chose to be a Chief Minister without a portfolio and it is done to accommodate some people. If bail is allowed, won't this be irreversible if the plea is allowed," the SG asked.
The SG said letting out Kejriwal citing elections will set a bad precedent and others will seek similar exemptions.
"The court is allowing the doors of contingencies just to let out this one person and the public prosecutor will not be able to argue even if a kirana owner comes. I know these are inconvenient arguments," he said.
However, the court said it is not creating any special exemption for politicians but is only passing the order taking into account the fact that the general elections are due.
"We are not going by whether he is a politician or not a politician. Every individual involved will have a special circumstance or case involved. We have to see if that person falls under that special circumstance considering elections are there. We are not saying there is a different law for others," the court made it clear.
The bench has divided the hearing on Kejriwal's petition against his arrest into two parts. His main petition challenges his arrest by the ED and seeks it to be declared as illegal, while the second aspect pertains to grant of interim bail keeping in mind the ongoing Lok Sabha polls. The court has reserved the order on the issue of grant of interim bail.
Before rising for the day, the bench indicated that next day of hearing the judges will be sitting in different combinations, and if the hearing on matters listed for Wednesday gets completed and the judges have time in hand, they would resume hearing Kejriwal's plea against his arrest by the ED.