The Supreme Court is likely to pass order on Delhi Chief Minister Arvind Kejriwal's interim bail application on Friday. The top court had adjourned hearing on Tuesday due to a special bench being constituted and had said that they will take up Kejriwal's plea on Thurday. However, today while hearing another case, the bench headed by Sanjiv Khanna told ASG SV Raju that Kejriwal's plea for interim bail will be heard on Friday and the bench is likely to pass an order on the same.
The apex court on Tuesday said that in case it grants interim bail to Kejriwal it does not want him to perform any official duty as the Chief Minister. Following this, Arvind Kejriwal told the Supreme Court today that he is willing to furnish an undertaking stating that he will not sign any official files if released on interim bail.
A bench of Justice Sanjiv Khanna and Dipankar Datta said that Kejriwal performing official functions of a Chief Minister while on interim bail may have cascading effect.
"I will not sign any file but the Delhi LG cannot deny any permission taken by other officers in the government." Senior Advocate Abhishek Manu Singhvi told the court on Arvind Kejriwal's behalf.
This came after Solicitor General Tushar Mehta appearing for Centre told the apex court that a law was brought in for appointment for personnel in administration cadre where the Chief Minister has to sign and only those files were signed by Kejriwal and he never signed any files.
In a previous hearing the bench of Justice Sanjiv Khanna and Dipankar Datta had observed that as the arguments in the case are expected to prolong, the top may consider interim bail due to the upcoming elections on May 25. On Tuesday, the bench started hearing the interim bail plea after ED told the court that it needs more time to conclude arguments on legality of arrest.
The court had instructed ED to take instructions on whether Kejriwal should be signing official files given that he is holding the position of a chief minister. On Tuesday, SG Mehta said that Kejriwal does not have to sign any files. However, this claim was disputed by Kejriwal's counsel.
Advocate Shadan Farasat however told the court that there are official minutes of meetings showing that Kejriwal signed files.
The Supreme Court while examining the interim bail for Arvind Kejriwal had observed that if the AAP chief is released and allowed to participate in the general elections, and then he performs official duties it can have cascading effects.
"We make it clear, we don't want you to be performing official duties if we release you," Justice Sanjiv Khanna said during the hearing.
ED however opposed interim bail, stating that politicians cannot be treated as a class apart and that Kejriwal's case has to be considered at par with a common man.