SC Provides Relief to Kejriwal: In the Delhi Excise Policy case involving the Enforcement Directorate (ED), Chief Minister Arvind Kejriwal has received significant relief from the Supreme Court. The apex court has granted him interim bail and referred the matter to a larger bench of three judges. Despite this interim bail, Kejriwal will not be released from jail immediately due to a separate arrest by the Central Bureau of Investigation (CBI) in the same case. Kejriwal will remain in jail until he secures bail in the CBI case, which is scheduled for a hearing on July 17 in the High Court.
Supreme Court’s Observations and Rulings
SC Provides Relief to Kejriwal: Arvind Kejriwal’s lawyers stated that he has been granted interim bail until the larger bench hears the case. The court examined Section 19 and decided on the necessity of the arrest in this matter. The court noted that Kejriwal has already spent considerable time in jail and thus should be released immediately in the ED case. However, since he was arrested by the CBI in a different case, his release will depend on the outcome of the High Court hearing.
Key Points from the Supreme Court’s Verdict
Review of Legal Provisions: The Supreme Court did not delve into the merits of the bail but examined the provisions of Section 19 of the Prevention of Money Laundering Act (PMLA). The court explained the difference between Sections 19 and 45, noting that Section 19 involves the subjective opinion of the authorities and is subject to judicial review, while Section 45 is used solely by the courts.
Need and Necessity for Arrest: The court expressed concerns about the compliance of Section 19 with PMLA and considered the need and necessity for the arrest. The matter was referred to a larger bench to evaluate whether the need and necessity for an arrest could be read into Section 19, based on the principle of proportionality.
Interim Bail Granted: Considering the right to life and the fact that the matter has been referred to a larger bench, the Supreme Court directed the release of Arvind Kejriwal on interim bail.
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Supreme Court’s Stand on Kejriwal’s Detention
SC Provides Relief to Kejriwal, Duration of Detention: The court acknowledged that Kejriwal has been in jail for over 90 days and emphasized that as an elected leader, it is his decision to remain in his position or not.
SC Provides Relief to Kejriwal: Additional Legal Considerations
Question on Electoral Funding: The Supreme Court also raised questions about electoral funding during the hearing.
Solicitor General’s Argument: The Solicitor General requested to halt the proceedings, to which Justice Sanjiv Khanna responded that the matter needs to be examined thoroughly.
Case Referred to Larger Bench
SC Provides Relief to Kejriwal, Larger Bench Review: The Supreme Court has forwarded the case to a larger bench considering the legal complexities surrounding PMLA. The interim bail was granted to Kejriwal due to the referral to a larger bench. The court highlighted that Kejriwal has been in jail for a significant duration and as an elected official, it is up to him to decide whether he wishes to continue in his role.
Arvind Kejriwal’s release from jail now hinges on the outcome of the High Court hearing concerning his CBI arrest, scheduled for July 17.
