24 February 2025

Supreme Court May Consider Interim Bail for Kejriwal Amid Election Season

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Image Source: The Hans India

The Supreme Court, on Friday, May 3, while hearing Delhi Chief Minister Arvind Kejriwal’s plea challenging his arrest by the Enforcement Directorate in the Delhi liquor policy case, expressed the possibility of considering the issue of interim bail if the hearing is postponed due to elections.

For approximately two hours, the bench of Justices Sanjiv Khanna and Dipankar Datta listened to arguments before adjourning further hearings until next Tuesday, May 7th. “It appears we can’t complete today. We will post it on Tuesday morning itself. Mr. Raju, one more thing. If it is going to take time, it does appear it may take time, we may then consider the question of interim bail because of the elections. We may hear on that part because of elections,” Justice Khanna told Additional Solicitor General SV Raju while winding up today’s arguments, reports Live Law.

Singhvi today stated that it was the stand of the ED itself that a person summoned under Section 50 of the Prevention of Money Laundering Act (PMLA) does not assume the character of an accused automatically.

He backed his arguments based on the Supreme Court’s judgement in the Senthil Balaji Case, which held that non-compliance with the provisions of Section 19 of the PMLA would vitiate the arrest. Raju told the court to take cognizance of the statements made by AAP MP Sanjay Singh after he got bail from the top court.

“Just one thing more. Please also take instructions. Because of the position he holds, he should be signing official files,” Justice Khanna added.

Justice Khanna further stressed that the bench is only putting the ED on notice about its intention to consider the plea for interim bail and not expressing any opinion.

During the hearing, Justice Khanna also inquired about the dates of the elections in Delhi and was informed that they would be held on May 23.

ASG SV Raju began to argue in favour of the ED at the end of the second part of the hearing. In the wake of the Delhi High Court’s decision on April 9 not to hear Kejriwal’s appeal against the ED’s arrest, Kejriwal appealed to the Supreme Court this month.

Notice came to be issued on his plea on April 15, with the matter being directed to be listed in the week commencing April 29. In the meantime, Singhvi referred this matter before a bench headed by Justice Khanna on April 26, when the Supreme Court’s website showed that the next hearing was scheduled for May 6.

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Mohit Dalal
Mohit DalalNews Writer
Mohit Dalal, a graduate in Psychology currently pursuing a Master's degree in Journalism, is deeply intrigued by society and its norms. His interest in this captivating field has inspired a desire to excel in legal journalism. Mohit aspires to make significant contributions to the field of journalism, particularly in covering legal issues and related societal matters.

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