India
‘Simple interrogation cannot be a reason for arrest’: What the Supreme Court said while granting Arvind Kejriwal interim bail | India News – Times of India
NEW DELHI: The High Council Delhi Chief Minister granted bail on Friday Arvind Kejriwal in connection with a money laundering case related to the excise policy case.
A bench headed by Justice Sanjiv Khanna held that certain legal questions raised by Kejriwal in his petition challenging his arrest should be heard by a larger bench of the Supreme Court. In his appeal before the Supreme Court, Kejriwal had argued that his arrest after the announcement of the Lok Sabha elections was due to extraneous factors.
On March 21, Kejriwal was arrested by the Enforcement Directorate (ED) in connection with a money laundering probe into alleged irregularities in the now-cancelled Delhi Excise Policy 2021-22. Despite being granted bail in the ED case, Kejriwal continues to be in custody in connection with the ongoing case filed by the Central Bureau of Investigation (CBI).
Here are the key observations the Supreme Court made during the hearing:
A bench headed by Justice Sanjiv Khanna held that certain legal questions raised by Kejriwal in his petition challenging his arrest should be heard by a larger bench of the Supreme Court. In his appeal before the Supreme Court, Kejriwal had argued that his arrest after the announcement of the Lok Sabha elections was due to extraneous factors.
On March 21, Kejriwal was arrested by the Enforcement Directorate (ED) in connection with a money laundering probe into alleged irregularities in the now-cancelled Delhi Excise Policy 2021-22. Despite being granted bail in the ED case, Kejriwal continues to be in custody in connection with the ongoing case filed by the Central Bureau of Investigation (CBI).
Here are the key observations the Supreme Court made during the hearing:
- The Supreme Court noted that Kejriwal has been in jail for over 90 days, but granted him interim bail in the case filed by the ED.
- The court also acknowledged that Kejriwal is an elected leader and said it is his decision whether he wants to continue as the Chief Minister of Delhi. “We are aware that Arvind Kejriwal is an elected leader and the Chief Minister of Delhi, a post which is important and influential. While we do not issue directions as we doubt whether a court can order an elected leader to resign or not to function as Chief Minister or Minister, we leave it to Arvind Kejriwal to take a decision,” the court observed.
- “Considering the right to life and considering that the matter has been referred to a larger bench, we direct that Arvind Kejriwal be released on interim bail,” the court ordered.
- The Supreme Court also held that mere interrogation cannot be a ground for arrest. “We have also held that mere interrogation does not entitle you to arrest. That is not a ground under Section 19,” Justice Khanna said.
- The Supreme Court raised three questions on the ED’s jurisdiction and arrest policy and directed that Kejriwal be released on interim bail subject to the conditions set out in the May 10 order.
