The Supreme Court also told the Enforcement Directorate that it would hear arguments for interim bail as Kejriwal is "the sitting Chief Minister of Delhi and needs to campaign for the Lok Sabha elections".
The Supreme Court reserved its order on Delhi Chief Minister Arvind Kejriwal;s plea challenging his arrest by the ED in the money laundering case linked to liquor scam. The Supreme Court heard arguments from ASG SV Raju and SG Tushar Mehta earlier in the day and issued a ruling on the matter.
The hearing comes after Kejriwal filed a plea to challenge his detention in a money laundering case related to the alleged liquor scam in the national capital. The matter is likely to be taken up again on Thursday or next week for hearing.
What happened during the hearing?
The apex court had earlier informed the AAP head that if it granted him temporary bail, he would be unable to execute his CM duties. "If we grant you interim bail, we make it clear that you will not be able to perform your duties as Chief Minister," stated the Supreme Court bench of Justices Sanjiv Khanna and Dipankar Datta.
The Aam Aadmi Party national convenor was detained by the anti-corruption bureau on March 21 in connection with a money laundering case involving the now-defunct Delhi excise policy.
During the hearing, the court questioned prominent lawyer Abhishek Manu Singhvi, who represented the Aam Aadmi Party (AAP) supremo, if Kejriwal would visit office, sign files, and "give directions to others" if he was granted temporary bail. In response, he stated that Kejriwal would not be dealing with the excise matter. He is a sitting Chief Minister.
"We 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."
However, the ED refused the court's suggestion, saying it would set a "wrong precedent". "A politician has no special rights as compared to normal citizens. Should all MPs and MLAs facing prosecution be released on bail?" it asked.
On May 3, the Supreme Court hinted at the prospect of granting Kejriwal temporary release in view of the impending Lok Sabha election. Recognising the potentially time-consuming nature of the legal processes, the court stated its openness to hear arguments from the Enforcement Directorate (ED) for interim relief for the AAP head before Delhi elections on May 25.
During the last hearing, Additional Solicitor General SV Raju, representing the ED, objected to Kejriwal's bail, citing remarks made by AAP leader Sanjay Singh after his release on bail in a similar case.
Furthermore, another controversy developed as Delhi Lieutenant Governor VK Saxena ordered a National Investigation Agency (NIA) investigation into Kejriwal, citing political funding from the outlawed party 'Sikhs for Justice.' In reaction, AAP leaders slammed the LG's decision as yet another political tactic hatched by the Bharatiya Janata Party (BJP) to harm Kejriwal's reputation.