Delhi excise policy case: Supreme Court to announce verdict on Kejriwal's bail plea today

Arvind Kejriwal. File pic

The Supreme Court on Friday will be announcing their verdict on Chief Minister Arvind Kejriwal's bail plea after he was arrested on charges of money laundering connected to the Delhi Excise Policy case. Kejriwal's arrest by the Enforcement Directorate (ED) has prompted a judicial struggle over suspected irregularities in the excise policy for 2021-22. Justice Sanjiv Khanna will lead discussions before the court's decision on Friday, reported ANI.

According to the ANI report, Justice Sanjiv Khanna presided over a Supreme Court bench that heard arguments on Kejriwal's request for provisional bail. The debate focused on whether Kejriwal should be given temporary permission to engage in political campaigning, posing issues with the proportionality of legal rights and political obligations. Even though the bench tended to issue bail so that Kejriwal might use it for campaigning, it also advised against his using his official duties as Chief Minister if released on bail.

The ED's envoy, Solicitor General Tushar Mehta, emphasised the idea of equality before the law. He questioned why a Chief Minister should be handled differently than the average citizen, emphasising that election campaigns should not take precedence over legal processes.

"How can a Chief Minister be treated differently from an aam aadmi? There can't be any deviation only because he is a chief minister. Would campaigning for elections be more important?" he had told the bench, per the ANI report.

Per the news agency report, the Aam Aadmi Party (AAP) has filed a formal complaint with the Supreme Court's registry, requesting prompt action on the ED's objections ahead of the upcoming decision. The AAP expressed worries about Kejriwal's arrest, noting a lack of tangible proof or money recovery after two years of rigorous investigations. The party accused the ED of abusing its authority by arresting Kejriwal during the election season, claiming political manipulation and abuse of legal machinery.

"Arvind Kejriwal's arrest constitutes an unprecedented assault on the tenets of democracy based on free and fair elections and federalism both of which form significant constituents of the basic structure of the Constitution. The ED abused its power of arrest in the middle of the general election and while relying on the same material as was in possession months before his arrest," the party said.

Kejriwal's appeal to the Supreme Court paints his incarceration as an act of political vendetta. The court dispute over his bail petitions illustrates the conflict between legal accountability and political obligations. The Supreme Court's upcoming decision has important ramifications for the junction of law and politics, emphasising the delicate balance between democratic norms and due process.