NEW DELHI: Delhi chief minister Arvind Kejriwal on Friday got a huge relief in the middle of ongoing Lok Sabha elections as Supreme Court granted him bail till June 1 for campaigning. Kejriwal was granted bail despite strong opposition from Enforcement Directorate, which argued against any relief to the AAP leader. The probe agency in an affidavit in the top court had said that right to campaign was neither a political nor a consitutional right.Kejriwal has been lodged in Tihar Jail in an alleged money laundering case in connection with the now-scrapped Delhi Excise policy.
Here is what the apex court said to counter ED’s arguments and grant bail to Kejriwal.
* 21-day interim bail will not make much of a difference
* ED’s Enforcement Case Information Report (ECIR) was registered in August 2022 while the chief minister was arrested on March 21 this year
* He (Kejriwal) was out there for one-and-a-half-years. He could have been arrested earlier or after but nothing such thing happened
* Serious accusations have been made against Arvind Kejriwal but he has not been convicted yet
* Kejriwal does not have any criminal antecedents and he is not a threat to society
* Interim bail is granted on facts of each case and Arvind Kejriwal is not an exception
* While examining question of grant of interim bail/release, the courts always take into consideration the peculiarities associated with the person in question and the surrounding circumstances. In fact, to ignore the same would be iniquitous and wrong
* The factual 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
(With inputs from agencies)
Here is what the apex court said to counter ED’s arguments and grant bail to Kejriwal.
* 21-day interim bail will not make much of a difference
* ED’s Enforcement Case Information Report (ECIR) was registered in August 2022 while the chief minister was arrested on March 21 this year
* He (Kejriwal) was out there for one-and-a-half-years. He could have been arrested earlier or after but nothing such thing happened
* Serious accusations have been made against Arvind Kejriwal but he has not been convicted yet
* Kejriwal does not have any criminal antecedents and he is not a threat to society
* Interim bail is granted on facts of each case and Arvind Kejriwal is not an exception
* While examining question of grant of interim bail/release, the courts always take into consideration the peculiarities associated with the person in question and the surrounding circumstances. In fact, to ignore the same would be iniquitous and wrong
* The factual 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
(With inputs from agencies)
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