'Arvind Kejriwal Is Elected CM, It's An Exceptional Case': SC To Examine Interim Bail For Election Campaign

The Supreme Court on Tuesday after hearing Enforcement Directorate's submissions briefly on arrest of Delhi Chief Minister Arvind Kejriwal said that it will have to hear arguments on interim bail

Supreme Court said national elections take place once a year and Kejriwal is not any habitual offender but an elected chief minister.

Source : PTI

The Supreme Court on Tuesday after hearing Enforcement Directorate's submissions briefly on the arrest of Delhi Chief Minister Arvind Kejriwal said that it will have to hear arguments on interim bail for Kejriwal as the elections are around the corner and this case will take time to conclude. The top court however said that if Arvind Kejriwal is released on interim bail, he won't be allowed to perform official duties as the Delho CM as it may have affect the case.

A bench of Justice Sanjiv Khann and Justice Dipankar Datta heard the case and said national elections take place once in five years and Kejriwal is not any habitual offender but an elected chief minister. The court noted that this was an exceptional case as the arrested person is an elected chief minister.

The top court asked ASG SV Raju appearing on behalf of the ED if they can complete arguing on legality of Kejriwal's arrest by 1 PM. 

ASG Raju said that he needs at least a day. The top court then said that they are here only till 2:30 PM and then there is a special bench.

It was then, that the top court said that it will hear arguments on whether an interim bail should be given to Arvind Kejriwal in light of upcoming elections.

"The election is coming and he is the elected chief minister of Delhi and this is an extraordinary case. He is not involved in any other case and is not a habitual offender."

Solicitor General Tushar Mehta appearing for ED however appealed to the top court to hear the matter fully and said that the court should consider what example it is setting by giving bail to Kejriwal.

Mahta told the court that a chief minister should not be treated differently from a common man.

The top court said that the political executives cannot be treated separately and we agree. 

Justice Sanjiv Khanna said, "we are in Supreme Court and we can say arrest was correct and still grant interim bail and then correct ourselves. we can." 

SG Mehta said see the position in which the investigation agency is put, Kejriwal chose not to cooperate and now he will say that he has to campaign now. "Why did he not cooperate 6 months ago then...there are many common people who are constitutionally at par."

"We are dealing with the Chief Minister of the capital and he has evaded summons for 6 months. Please do not make an exception as it would demoralise a real common man and it shows that if you are holding a position then you will get benefit," SG Mehta said.

The court said that it will have to hear on interim bail as the general elections come once in five years.