Kejriwal's arrest in March by the ED stemmed from allegations of corruption linked to the now-repealed liquor sales policy. Despite securing bail from a trial court on June 20, the Delhi High Court intervened by staying the bail order shortly thereafter.
The Supreme Court on Friday (July 12) granted interim bail to Delhi Chief Minister Arvind Kejriwal amidst an ongoing money laundering probe conducted by the Enforcement Directorate (ED). In a significant decision, the apex court also referred Kejriwal's petition challenging his arrest by the ED to a larger bench for further deliberation.
Kejriwal's arrest in March by the ED stemmed from allegations of corruption linked to the now-repealed liquor sales policy. Despite securing bail from a trial court on June 20, the Delhi High Court intervened by staying the bail order shortly thereafter.
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Upholding the arrest, the High Court reasoned that the ED had little recourse after Kejriwal repeatedly ignored summons and declined to participate in the investigation.
During the proceedings, the Supreme Court highlighted the need to clarify the legal parameters governing the necessity of arrests in ED cases. It highlighted concerns over the discretionary powers wielded by investigating officers and stressed the principle of proportionality in such matters.
The decision to refer the matter to a larger bench reflects the court's intent to establish a clear framework for evaluating the need for arrests in cases under the purview of the ED.
In response to public and political discourse surrounding his arrest, the Supreme Court clarified that it does not have the authority to mandate Kejriwal's resignation as Delhi Chief Minister due to the ongoing legal proceedings. The decision on whether to continue in office while the case progresses remains at Kejriwal's discretion.
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