The chief minister, however, will remain in jail because the CBI arrested him subsequently in a corruption case related to the alleged excise policy scam.
Published Jul 12, 2024 | 12:10 PM ⚊ Updated Jul 12, 2024 | 12:10 PM
Delhi Chief Minister Arvind Kejriwal (X)
The Supreme Court on Friday, 12 July, granted interim bail to Delhi Chief Minister Arvind Kejriwal in a money laundering case linked to the alleged excise policy scam.
The chief minister, however, will remain in jail because the CBI arrested him subsequently in a corruption case related to the alleged excise policy scam.
Noting that Arvind Kejriwal has suffered incarceration for more than 90 days, the court said, “As an elected leader, it is upto him whether he wants to continue in the role or not.”
A bench of Justices Sanjv Khanna and Dipankar Datta referred the questions pertaining to legality of his arrest in the Enforcement Directorate (ED) case to a larger bench.
Excise policy case: #SupremeCourt grants interim bail to #Delhi CM #ArvindKejriwal in money laundering case.
The top court further framed three questions related to ED’s power to arrest on Kejriwal’s plea and referred the matter to a larger bench.
The chief minister, however,… pic.twitter.com/Ml9XJg8EA2
— South First (@TheSouthfirst) July 12, 2024
The top court framed three questions related to the power and policy of arrest by the ED, and whether the need or necessity of arrest must be read as a condition into Section 19 of the Prevention of Money Laundering Act.
As reported by LiveLaw, Justice Khanna held that the “reasons to believe” for arrest meet with the parameters of S.19 of the PMLA, which gives the power of arrest to ED officers.
“However, having said so, we have raised an additional ground which relates to the need and necessity of arrest…we felt that this issue whether the ground of need and necessity of arrest must be read into Section 19, especially in view of the doctrine of proportionality, we have referred those questions to the larger bench,” Justice Khanna said.
He also added, “We have also held that mere interrogation does not allow you to arrest. That is not a ground under S.19.”
It further said Kejriwal will be released on interim bail in terms of the conditions in the order of 10 May.
Responding to the verdict, AAP posted on X, “Satyameva Jayate” (Truth prevails)
सत्यमेव जयते 🇮🇳 pic.twitter.com/dG5o2eHB0l
— AAP (@AamAadmiParty) July 12, 2024
The chief minister was arrested on 21 March by the ED in the money laundering case.
Kejriwal was also arrested by the CBI on 26 June in connection with the corruption case related to the alleged excise policy scam.
The matter relates to alleged corruption and money laundering in the formulation and execution of the Delhi government’s excise policy for 2021-22, which has now been scrapped.
(Edited by Sumavarsha Kandula, with PTI inputs)
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