SC Bars Arvind Kejriwal From CM Office While On Bail. These Are His 5 Bail Conditions

The Supreme Court while granting interim bail to Delhi CM Arvind Kejriwal on Friday laid down several directions for him to follow while he is out on bail. Read conditions imposed by court on Kejriwal

The Supreme Court while granting interim bail to Delhi CM Arvind Kejriwal on Friday laid down several directions for him to follow while he is out on bail. The top court ruled that Arvind Kejriwal will be released on interim bail in connection with the Delhi Liquor Policy case till 1st of June 2024, and asked him to surrender on 2nd of June 2024 on the following terms and conditions:

1) Kejriwal shall furnish bail bonds in the sum of Rs.50,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent.

2) He shall not visit the Office of the Chief Minister and the Delhi Secretariat;

3) He shall be bound by the statement made on his behalf that he shall not sign official files unless it is required and necessary for obtaining clearance/ approval of the Lieutenant Governor of Delhi;

4) He will not make any comment with regard to his role in the present case; and

5) He will not interact with any of the witnesses and/or have access to any official files connected with the case.

SC Says Arvind Kejriwal Skipping 9 Summons A 'Negative Factor'

The top court noted, "the prosecution has rightly pointed out that the appellant – Arvind Kejriwal had failed to appear in spite of nine (9) notices/summons, first of which was issued in October 2023. This is a negative factor, but there are several other facets which we are required to take into consideration. The appellant – Arvind Kejriwal is the Chief Minister of Delhi and a leader of one of the national parties. No doubt, serious accusations have been made, but he has not been convicted. He does not have any criminal antecedents. He is not a threat to the society."

18th Lok Sabha General Elections Justifies A Libertarian View 

The court further observed in the order that the investigation in the present case has remained pending since August 2022.

"Arvind Kejriwal was arrested, as noted above, on 21.03.2024. More importantly, legality and validity of the arrest itself is under challenge before this Court and we are yet to finally pronounce on the same. The fact situation cannot be compared with harvesting of crops or plea to look after business affairs. In this background, once the matter is subjudice and the questions relating to legality of arrest are under consideration, a more holistic and libertarian view is justified, in the background that the 18th Lok Sabha General Elections are being held."

The court in its detailed order noted that “Interim” bail entailing temporary release can be granted under compelling circumstances and grounds, even when regular bail would not be justified. Intolerable grief and suffering in the given facts, may justify temporary release, even when regular bail is not warranted.

 "Power to grant interim bail is commonly exercised in a number of cases. Interim bail is granted in the facts of each case. This case is not an exception."

The court clarified in the order that the grant of interim bail will not be treated as an expression of opinion on the merits of the case or the criminal appeal which is pending consideration before us.