No Special Treatment in Bail for Arvind Kejriwal: Supreme Court Responds to Criticism
Credit: NDTV
16.05.2024: The Supreme Court clarified today that Delhi Chief Minister Arvind Kejriwal’s interim bail was not an exception, responding to government criticisms. “We have not made any exception for anybody. We said in our order what we felt was justified,” stated Justices Sanjiv Khanna and Dipankar Datta, the two-judge bench behind the decision. This clarification comes amid election season, providing a significant boost to the Aam Aadmi Party.
The court was addressing the Chief Minister’s appeal against his arrest last week and also agreed to hear his bail application. The judges underscored their reasoning: elections are the “vis viva” (life force) of a democracy, Mr. Kejriwal leads a national party, he has not been convicted, and he poses no threat to society.
The Supreme Court’s stance aligns with its consistent principle that bail should be the norm and jail the exception. The judges referenced previous cases where they had granted bail, including to TDP chief N Chandrababu Naidu in January and Odisha BJP leader Siba Sankar Das in March.
Union Home Minister Amit Shah had earlier criticized the decision, suggesting it was not routine and implying special treatment. However, the court dismissed political commentary on the matter, focusing strictly on legal principles. When senior advocate Abhishek Singhvi, representing Mr. Kejriwal, mentioned the criticism without naming Mr. Shah, the judges reiterated their impartial stance.
The Enforcement Directorate’s argument, suggesting Mr. Kejriwal’s comment about avoiding jail if the INDIA bloc wins was contemptuous, was also dismissed by the court. The judges labeled it an “assumption” and emphasized the clear terms of their order, stating, “The rule of law shall be governed by this order.”
Arvind Kejriwal, detained by the Enforcement Directorate in connection with the Delhi liquor policy case, was released after 51 days following the Supreme Court’s directive.