Kejriwal, who was arrested by the Enforcement Directorate on March 21 is currently lodged in Tihar jail under judicial custody in the money laundering case.
A bench of Justices Sanjiv Khanna and Dipankar Datta is hearing Kejriwal’s plea as a priority matter in view of the Lok Sabha elections.
Earlier on May 3, the bench said that it may consider giving interim bail to Delhi Chief Minister Arvind Kejriwal on May 7 in view of the ongoing Lok Sabha polls as it noted that the arguments by the Enforcement Directorate opposing Kejriwal’s plea against his arrest in the excise policy case, is likely to take some time.
The top court had said this as the arguments by the Additional Solicitor General SV Raju appearing for the Directorate of Enforcement remained inconclusive and will continue on May 7.
“We will post it on Tuesday morning itself. Mr Raju one more thing. If it is going to take time, it does appear it may take time (for the arguments to conclude), we may then consider the question of interim bail, because of the elections. We may hear on that part because of elections,” Justice Khanna heading the bench told the Additional Solicitor General appearing for ED on May 3.
However, the bench also made it clear that it has not decided anything finally and that it was only informing all counsels that such a form of interim relief may be considered as the hearing is unlikely to conclude soon. The bench said this as ASG Raju appeared resisting the suggestion of giving interim bail to Kejriwal. He said that the petitioner (Kejriwal has not filed an application for bail.
In the course of the hearing, the bench also asked about the dates of Lok Sabha elections in Delhi.
“We are not saying anything (on whether bail will be granted or not), we would like to consider granting interim bail because of elections…. We may or may not grant. We are going to hear you. We must be open to you, because neither side should be taken by surprise,” the bench said this to ASG Raju and senior advocate Abhishek Manu Singhvi appearing for Kejriwal.
Kejriwal in his plea against the High Court order has contended that his arrest after announcement of the General Elections is “motivated by extraneous considerations”.
Describing his arrest as “motivated”, Kejriwal has contended that a sitting Chief Minister has been arrested in the middle of election cycle and especially after the announcement of the schedule of the 2024 Lok Sabha election.
