Apex Court orders release of Arvind Kejriwal on interim bail in Delhi Liquor Policy Case citing 18^th Lok Sabha Elections as intervening factor; asks him to surrender on June 2
Justices Sanjiv Khanna & Dipankar Datta [10-05-2024]

Read Order: ARVIND KEJRIWAL v. DIRECTORATE OF ENFORCEMENT [SC- CRIMINAL APPEAL NO. 2493 OF 2024]

Tulip Kanth

New Delhi, May 10, 2024: While observing that a more holistic and libertarian view is justified considering that the 18^th Lok Sabha General Elections are being held, the Supreme Court has granted interim bail to Delhi Chief Minister Arvind Kejriwal in the alleged liquor policy scam case.

The Division Bench of Justice Sanjiv Khanna and Justice Dipankar Datta was considering the appeal of Arvind Kejriwal challenging the order and judgment passed by the trial court and the Delhi High Court upholding his arrest by the Directorate of Enforcement on 21.03.2024. 

The DoE had registered an ECIR pursuant to registration of the predicate offences by the Central Bureau of Investigation under Section 120-B read with Section 447A of the Indian Penal Code, 1860 and Section 7 of the Prevention of Corruption Act, 1988. This RC was registered on the complaint made by the Lieutenant Governor of the Government of NCT of Delhi and on the directions of the competent authority conveyed by the Director, Ministry of Home Affairs, Government of India.

The investigation by the DoE resulted in the filing of the first prosecution complaint. The Special Court took cognisance on 20.12.2022. Thereafter, DoE filed four supplementary prosecution complaints and CBI filed a chargesheet, followed by two supplementary chargesheets. However, charges weren’t framed.

The 18th Lok Sabha General Elections, which are in progress, was an intervening factor which prompted the Court to consider the appeal.  While rejecting the argument raised on behalf of the prosecution that grant of interim bail/release on this account would be giving a premium of placing the politicians in a beneficial position compared to ordinary citizens of this country, the Bench said, “It is no gain saying that General Elections to Lok Sabha is the most significant and an important event this year, as it should be in a national election year. Between 650-700 million voters out of an electorate of about 970 million will cast their votes to elect the government of this country for the next five years. General Elections supply the vis viva to a democracy”

As per the Bench, the prosecution had rightly pointed out that the appellant – Arvind Kejriwal had failed to appear in spite of 9 notices/summons which was a negative factor. However, it was noticed that there were several other facets which were required to be taken into consideration. 

Noting that the appellant – Arvind Kejriwal is the Chief Minister of Delhi and a leader of one of the national parties, the Bench observed that though serious accusations had been made but he has not been convicted.

The Bench also took note of the fact that he does not have any criminal antecedents and is not a threat to the society. Arvind Kejriwal was arrested, as noted above, on 21.03.2024 but the legality and validity of the arrest itself was under challenge before the Top Court. “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”, it added.

Reliance was also placed upon State of Andhra Pradesh v. Nara Chandra Babu Naidu (Special Leave Petition (Criminal) No. 15099 of 2023) whereby the Court deleted the condition restraining the respondent therein from organising or participating in public rallies and meetings, thereby permitting him to participate in the political process. 

For the aforesaid reasons, the Bench directed that the appellant – Arvind Kejriwal would be released on interim bail till June 1, 2024. The Bench concluded the matter by ordering that he will surrender on June 2, 2024 on furnishing bail bonds in the sum of Rs.50,000 while also imposing certain other conditions.