Supreme Court Likely to Pass Interim Order on Delhi CM Arvind Kejriwal's Bail on May 10

New Delhi: The Supreme Court is likely to pass an order on Delhi chief minister Arvind Kejriwal's bail plea on May 10, Friday. Justice Sanjiv Khanna conveyed this development to Additional Solicitor General SV Raju during the proceedings, as reported by news agency PTI. 

Kejriwal's bail plea was heard on Tuesday, with the apex court reserving its order thereafter. 

Court expresses reservations on Kejriwal resuming official duties 

The court expressed reservations about Kejriwal resuming his official duties if granted interim bail, especially in light of the ongoing elections. 

The bench emphasized its reluctance for Kejriwal to exert any influence on government operations.

"Suppose we grant you interim bail on account of elections. Then if you say you will attend office, it may have a cascading effect. If we give you interim bail, we don't want you to perform official duties as somewhere it will lead to a conflict of interest. We don't want your interference at all in the working of the government," the bench told Kejriwal's counsel, Abhishek Singhvi. 

However, Singhvi, assured the court that Kejriwal would refrain from signing official documents if released on interim bail, provided the Delhi Lieutenant Governor did not obstruct governmental decisions solely due to unsigned files.

ED opposes Kejriwal’s bail plea 

The Enforcement Directorate (ED) opposed Kejriwal's bail plea, asserting that no leniency should be extended to him due to the electoral context. Granting interim bail, the ED argued, would establish preferential treatment for politicians.

In response, the bench underscored the need to assess whether Kejriwal's case warranted an exception, considering the unique circumstances surrounding the upcoming elections. Solicitor General Tushar Mehta, representing the ED, raised concerns about setting a precedent for other pending cases involving politicians, questioning the prioritization of bail requests solely based on political status.

"There are around 5,000 cases involving MPs pending across the country at this time. Will all of them be released on bail? Is an agriculturist who has a harvesting and sowing season less important than a politician?" Solicitor General Tushar Mehta submitted appearing for the ED.

Responding to it the bench replied, "We are not going by whether it is a case of a politician or not a politician. Every particular individual involved has some special or exceptional case or circumstance. We are only considering whether this case requires an exception or if the person involved is in that exceptional circumstance, given the fact that elections are around the corner, that's all.”