The Supreme Court granted interim bail to Delhi Chief Minister Arvind Kejriwal on Friday in the Enforcement Directorate case related to the alleged excise policy scam.
The apex court said it had been more than 90 days since the Aam Aadmi Party leader's incarceration and since the issues referred to the larger bench would require some consideration, it granted him interim bail in the meantime.
However, the chief minister will remain incarcerated under the Central Bureau of Investigation's custody as he was arrested by the central agency on June 26 in connection with a corruption case related to the alleged excise policy scam.
A two-judge bench of Justices Sanjiv Khanna and Dipankar Datta has referred the issue of the illegality of his arrest to a larger bench. While referring the matter, the court clarified that the question of interim bail could be modified by the larger bench.
On Kejriwal's continuation as the Chief Minister of Delhi, the top court said that it is conscious that he is an elected leader and the Chief Minister of Delhi, a post holding importance and influence.
"While we do not give any directions as we are doubtful whether a court can direct an elected leader to step down or not to function as a Chief Minister or a Minister, we leave it to Arvind Kejriwal to make a call", the court said.
On March 21, the ED arrested Kejriwal for his alleged involvement in the liquor policy scam. Prior to his arrest, Kejriwal had declined the central probe agency's summons on multiple occasions.
In April, the Delhi High Court declined to order the release of the chief minister, saying that it did not deem the arrest to be unlawful or illegal. This prompted Kejriwal to approach the top court for relief.
After hearing Kejriwal's plea, the top court granted him bail until June 1, primarily because the general elections were around the corner and the court did not want to keep him behind bars during that time. The court had rejected Kejriwal's request for interim bail until July and asked him to surrender on June 2.
The case pertains to accusations of corruption and money laundering during the formulation and implementation of the Delhi government's excise policy in 2021–22, which was later scrapped.
The case led to the arrest of Manish Sisodia, the former deputy chief minister, in February last year. AAP Rajya Sabha MP Sanjay Singh also faced arrest in October.
The case also led to the arrest of BRS leader K Kavitha in March. Following Kavitha's arrest, the ED released a press note calling, Kejriwal a conspirator in the alleged liquor policy scam.
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