Arvind Kejriwal seeks 7-day bail extension; But on what grounds?

New Delhi: Earlier this month, Delhi Chief Minister and Aam Aadmi Party (AAP) leader Arvind Kejriwal was granted interim bail by the Supreme Court. This allowed him to participate in the ongoing Lok Sabha elections. As per the conditions, Kejriwal is required to surrender before Tihar Jail authorities upon the expiry of his interim bail on June 2.

Application for extension of bail

Days before his scheduled surrender, Kejriwal has filed an application with the Supreme Court seeking an extension of his interim bail for an additional seven days. He cites medical reasons for this request.

Health issues post-detention

Kejriwal’s application states that after his arrest by the Enforcement Directorate (ED) in connection with the Delhi Liquor Policy scam and subsequent detention in Tihar Jail, he has experienced significant health issues, including a weight loss of 7 kg. He further submits that his body’s ketone levels are very high, indicative of a serious ailment, and he is currently under medical supervision at Max Hospital. Kejriwal asserts that he needs more time for PET-CT scans and other necessary medical tests.

Supreme Court’s previous ruling on interim bail

On May 10, the Supreme Court bench comprising Justice Sanjiv Khanna and Justice Dipankar Dutta granted interim bail to Kejriwal, noting his status as the Chief Minister of Delhi and leader of a national party. The court recognized the serious accusations against him but emphasized that he had not been convicted and had no prior criminal record. The bench highlighted that the legality and validity of Kejriwal’s arrest were still under judicial scrutiny, thus justifying a more lenient approach, especially considering the ongoing Lok Sabha elections.

Key points from the Supreme Court order

The Supreme Court stated, “Arvind Kejriwal is the Chief Minister of Delhi and a leader of one of the national parties. No doubt, serious accusations have been made, but he has not been convicted. He does not have any criminal antecedents. He is not a threat to society. The investigation in the present case has remained pending since August 2022. Arvind Kejriwal was arrested, as noted above, on 21.03.2024. More importantly, the legality and validity of the arrest itself is under challenge before this court, and we are yet to finally pronounce on the same. The fact 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 the 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.”