SC asks Arvind Kejriwal to submit bail extension plea to CJI

New Delhi: The Supreme Court on Tuesday declined to hear Delhi Chief Minister Arvind Kejriwal's request for a seven-day extension of his interim bail, directing him to present his plea to Chief Justice of India DY Chandrachud.

CJI to decide on vacation bench hearing

Kejriwal's application for extending his interim bail will now be placed before Chief Justice Chandrachud. The CJI will determine whether the application can be heard by the vacation bench. The Supreme Court is currently on its summer break, which began on May 20, 2024, and will resume on July 8, 2024.

Medical grounds cited for bail extension

Kejriwal has sought the extension of his interim bail on medical grounds, stating that during his time in Tihar Jail, he lost 7 kg and his ketone levels increased, indicating a serious ailment. He needs additional time for medical consultations.

Interim bail granted for election campaigning

On May 10, a bench comprising Justice Sanjiv Khanna and Justice Dipankar Dutta granted Kejriwal interim bail to participate in the ongoing Lok Sabha elections. The Delhi Chief Minister was arrested by the Enforcement Directorate (ED) in connection with the Delhi liquor policy scam.

Challenge to arrest, electoral participation

Kejriwal has also filed a petition challenging the legality of his arrest by the ED and sought the court's permission to campaign for his party, the Aam Aadmi Party (AAP), in the Lok Sabha elections. He argued that the timing of his arrest by the ED and his exclusion from campaigning violated the principle of a level playing field in elections.

Court's justification for granting bail

While granting the interim bail, the court noted, “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 the harvesting of crops or a plea to look after business affairs. In this background, once the matter is sub judice and the questions relating to the legality of the 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.”