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Synopsis

Arvind Kejriwal, the Chief Minister of Delhi and leader of the Aam Aadmi Party, on Thursday, approached the Rouse Avenue Court seeking regular bail concerning the now defunct liquor excise policy. Earlier this month, Kejriwal had petitioned before the Supreme Court challenging his apprehension by the Enforcement Directorate (ED).

In response, the Supreme Court granted him a 21-day interim bail to participate in the ongoing Lok Sabha elections. However, the court instructed him to surrender to the police by June 2, the day following the conclusion of the elections.

On Wednesday, the Supreme Court registry dismissed Kejriwal's plea for an extension of his temporary release, previously granted earlier in the month. Furthermore, the Registry deemed the application inappropriate upon refusal, noting that a division bench of the Supreme Court had already authorized Kejriwal to seek regular bail from a trial court. 

A vacation bench comprising Justices JK Maheshwari and KV Viswanathan refrained from making any determinations on Kejriwal's application, indicating that the Chief Justice of India would decide on its listing, given that the case's judgment had been reserved.

Background:

Kejriwal's arrest occurred on the evening of March 21st subsequent to the Delhi High Court's denial of protection against coercive measures in a case related to money laundering associated with an excise policy, prompting searches by the ED at the Chief Minister's residence in Delhi.

During a hearing on Kejriwal's plea against the ED's arrest, it was disclosed that personal communications between Kejriwal and Hawala operators had been uncovered. The ED alleged that Kejriwal had demanded Rs 100 crores during the Goa elections, which was subsequently routed through hawala transactions.

Earlier, on May 10th, the Supreme Court had granted interim bail to Kejriwal, permitting him to campaign for the Aam Aadmi Party in the 2024 General Elections. Following this, the ED informed the court that Kejriwal had made derogatory public statements post his release on interim bail.

The terms of interim bail stipulated that Kejriwal should refrain from contacting witnesses or accessing official documents related to the case. 

The ED contended in an affidavit that numerous politicians were presently in judicial custody under the Prevention of Money Laundering Act, questioning why special treatment should be extended to Kejriwal. Solicitor General Tushar Mehta vehemently opposed granting interim bail to Kejriwal.