'Can't perform official duties if bail granted': SC to Kejriwal
What's the story
The Supreme Court on Tuesday said if Delhi Chief Minister Arvind Kejriwal is granted interim bail he will not be allowed to perform official duties.
The apex court—while hearing Kejriwal's plea for bail to campaign during the ongoing Lok Sabah elections—said that performing official duties "may have a cascading effect."
This came even as Delhi's Rouse Avenue Court extended Kejriwal's judicial custody till May 20 in the excise policy case.
Context
Why does this story matter?
On March 21, the ED arrested Kejriwal—the face of the AAP—in a money laundering probe linked to the now-scrapped Delhi excise policy.
The case revolves around alleged irregularities and money laundering in the creation and execution of the policy.
The agency has alleged that the AAP is a significant beneficiary of the illicit funds generated from the "scam."
It has also alleged that the money was funneled into the party's poll campaign for Goa and Punjab.
SC bench statement
SC asks whether CM would attend office on release
After the first round of hearing, the Supreme Court bench of Justices Sanjiv Khanna and Dipankar Datta said, "We have heard the parties on interim bail, and we will lay down what to do."
During the hearing, the court asked senior advocate Abhishek Manu Singhvi, representing Kejriwal, whether the CM would attend office, sign files and "give directions..." if released on bail.
In response, Singhvi said Kejriwal "won't be dealing with the excise case. He is a sitting CM."
CM office
We don't want interference in work of government: SC
The bench then said that if it decides to release the AAP chief, "we are very clear that we don't want you to be performing official duties since it may have a cascading effect."
"We do not want interference at all in the work of the government. It's your wish that you want to continue as chief minister. Today, it is not a question of legality but propriety," the bench added.
Lok Sabha elections
Considering interim bail due to polls: SC
Moreover, the bench said, "We are considering the interim bail just because of elections."
The top court also told the ED that it would hear the bail arguments as Kejriwal is "the sitting...[CM]...needs to campaign for the Lok Sabha elections."
"This is an extraordinary situation. It is not like he is a habitual offender. Elections happen once in five years," the bench said.
However, the ED refused the court's suggestion, saying it would set a "wrong precedent."
ED's argument
Singhvi asked to respond to ED's concerns
"A politician has no special rights as compared to normal citizens. Should all MPs and MLAs facing prosecution be released on bail?" the ED asked.
Singhvi has been asked to respond to the issues raised by the agency.
They are, "Can a politician get special treatment...There are 5,000 facing prosecution. What if all of them say they want to campaign?...The ED cannot be blamed for choosing time; can interim bail be granted as they haven't yet gone into evidence?"