"Arvind Kejriwal is the Chief Minister of Delhi and a leader of one of the national parties. Undoubtedly, serious allegations have been made, but he has not been convicted. He has no criminal history. He is not a threat to anyone." A bench headed by Justice Sanjiv Khanna said in its order, “The investigation in the present case is pending since August 2022.,
The bench, which also included Justice Dipankar Datta, said the ongoing assembly elections prompted CM Kejriwal to be released on interim bail, adding that while considering the question of granting interim bail, courts always take into account the person concerned. Take into account the associated specifications. And the surrounding circumstances.
Rejecting the ED's contention that granting interim relief due to elections would put politicians in an advantageous position compared to common citizens, the top court said the Lok Sabha elections were the "most important and significant event of this year" and should not be ignored. Needed That would be unrighteous and wrong.
It was held that the situation cannot be compared with that of a farmer or businessman who wants to further his business.
In an affidavit filed on Thursday, the Enforcement Director (ED) said treating a politician differently for election campaigning would be a violation of the principles of Article 14 as for a farmer, harvesting would be as important a factor for seeking interim bail.Board meeting or annual general meeting for a director of a company committing an offence.
Meanwhile, the court also ordered that Kejriwal, while out on interim bail, shall not visit his office or secretariat and shall not sign official files unless it is necessary to obtain the nod/approval of the Lieutenant Governor of Delhi.
"He will not comment in relation to his role in the present case, will not interact with any witnesses and/or will not have access to official files related to the case," it said.
It clarified that the granting of interim relief should not be construed as an expression of opinion on the merits of the case or the criminal appeal which is pending before the Supreme Court.
Kejriwal, who has been arrested by the ED in the excise policy case, will be released on interim bail after furnishing a surety amount of Rs 50,000 and a surety of like amount to the satisfaction of the jail superintendent.As per the Supreme Court order, the AAP supremo will have to surrender before the authorities on June 2.
The bench, which also included Justice Dipankar Datta, said the ongoing assembly elections prompted CM Kejriwal to be released on interim bail, adding that while considering the question of granting interim bail, courts always take into account the person concerned. Take into account the associated specifications. And the surrounding circumstances.
Rejecting the ED's contention that granting interim relief due to elections would put politicians in an advantageous position compared to common citizens, the top court said the Lok Sabha elections were the "most important and significant event of this year" and should not be ignored. Needed That would be unrighteous and wrong.
It was held that the situation cannot be compared with that of a farmer or businessman who wants to further his business.
In an affidavit filed on Thursday, the Enforcement Director (ED) said treating a politician differently for election campaigning would be a violation of the principles of Article 14 as for a farmer, harvesting would be as important a factor for seeking interim bail.Board meeting or annual general meeting for a director of a company committing an offence.
Meanwhile, the court also ordered that Kejriwal, while out on interim bail, shall not visit his office or secretariat and shall not sign official files unless it is necessary to obtain the nod/approval of the Lieutenant Governor of Delhi.
"He will not comment in relation to his role in the present case, will not interact with any witnesses and/or will not have access to official files related to the case," it said.
It clarified that the granting of interim relief should not be construed as an expression of opinion on the merits of the case or the criminal appeal which is pending before the Supreme Court.
Kejriwal, who has been arrested by the ED in the excise policy case, will be released on interim bail after furnishing a surety amount of Rs 50,000 and a surety of like amount to the satisfaction of the jail superintendent.As per the Supreme Court order, the AAP supremo will have to surrender before the authorities on June 2.
