New Delhi, May 3: As reported by Bar and Bench, the Supreme Court has hinted at the possibility of granting interim bail to Delhi Chief Minister Arvind Kejriwal, considering the ongoing Lok Sabha elections. The matter pertains to a case filed by Kejriwal challenging his arrest by the Enforcement Directorate (ED) in connection with the Delhi excise policy case.
During a hearing before a Bench comprising Justices Sanjiv Khanna and Dipankar Datta, the court observed that the proceedings in Kejriwal’s plea could be prolonged, prompting the consideration of interim relief. The Bench clarified that while no final decision had been reached, it wished to inform all parties involved about the potential for interim bail due to the electoral context.
The hearing also saw Senior Advocate AM Singhvi, representing Kejriwal, questioning the necessity of his client’s arrest on March 21. Singhvi argued that there had been no significant change in circumstances warranting Kejriwal’s arrest, especially considering his scheduled appearance before the ED on March 25.
Additionally, Singhvi contested the applicability of Section 70 of the Prevention of Money Laundering Act (PMLA) to the case, asserting that even if the Aam Aadmi Party (AAP) was implicated, it did not justify Kejriwal’s arrest.
The Additional Solicitor General (ASG) SV Raju, representing the ED, countered Singhvi’s arguments, emphasizing the need for specific evidence to exonerate Kejriwal from incrimination. Raju stressed that Singhvi’s assertions lacked specificity and failed to address the core issues raised by the ED.
Furthermore, the court deliberated on the threshold for arrest under the PMLA, noting that “reasons to believe” should surpass mere suspicion. The ASG reiterated the necessity of a higher threshold for arrest under the PMLA, citing previous judicial precedents.
The Bench, while considering the arguments presented, underscored the limited scope of judicial intervention in such matters, emphasizing the importance of due process and substantive evidence.
As the legal battle continues, with the next hearing scheduled for May 7, the proceedings reflect the complexities and nuances surrounding Kejriwal’s arrest and the broader implications for political figures facing legal scrutiny.