New Delhi: The Supreme Court on Tuesday deferred its order on Delhi Chief Minister Arvind Kejriwal’s interim bail plea in the Delhi excise policy scam even as Special Judge Kaveri Baweja of Rouse Avenue Court extended his judicial custody till May 20.
A bench of Justices Sanjiv Khanna and Dipankar Datta of the SC said if the Delhi CM is released on interim bail, he won’t be allowed to perform official duties as it “may have a cascading effect” and added that the situation was “extraordinary” as Lok Sabha elections are held once every five years.
“While granting interim bail, we examine whether there will be any misuse or if the person is a hardened criminal. That is not the case here,” Justice Khanna said during the proceedings.
Prior to deferring the order, the court had asked Kejriwal’s lawyer Abhishek Manu Singhvi whether the Delhi CM would attend office, sign files and give directions to others if he was released on interim bail.
“He won’t be dealing with the excise case. He is a sitting Chief Minister,” Sanghvi had responded.
The bench said they do not want interference at all in the work of the government. “It’s your wish that you want to continue as Chief Minister. Today, it is not a question of legality but propriety. We are considering the interim bail just because of elections, else we wouldn’t have considered it at all,” the court said.
The apex court told the ED that it would hear the bail plea as Kejriwal is the sitting Chief Minister of Delhi and needs to campaign for the Lok Sabha elections.
“This is an extraordinary situation. It is not like he is a habitual offender. Elections happen once in five years. It’s not like harvesting a crop that will happen every four to six months. We need to consider on priority whether he should be released in the interim,” the bench said and gave the example of former Union Defence Minister George Fernandes who had contested the elections from jail and won with a huge margin.
But contesting it, the ED said a politician has no special rights as compared to normal citizens and it would set a wrong precedent. “Should all MPs and MLAs facing prosecution be released on bail?” the ED asked.
Singhvi has been asked to respond to issues raised by ED, India Today reported.
“We will give you a date for the day after tomorrow. If it’s not possible, we will keep it sometime next week. Next week is going to be very difficult,” the bench said.
