Supreme Court Granted Bail Arvind Kejriwal in ED’s Delhi Liquor Policy Case

New Delhi: The Supreme Court has granted Delhi Chief Minister Arvind Kejriwal bail in a money-laundering case linked to the Delhi liquor policy, filed by the Enforcement Directorate (ED). However, Kejriwal will remain in jail as he is currently being questioned by the Central Bureau of Investigation (CBI) in a separate case.

A bench of Justices Sanjiv Khanna and Dipankar Datta delivered the judgment, noting that Kejriwal has been incarcerated for over 90 days. Kejriwal, who is also the Aam Aadmi Party (AAP) chief, was arrested on March 21 by the ED.

Key Observation by Supreme Court

  • “We have held reasons to believe are concerned it meets with Section 19 PMLA, but we have gone into need and necessity of arrest. We felt whether the need and necessity of arrest can be read into Section 19 could be based on the doctrine of proportionality is referred to a larger bench …We have held mere interrogation does not allow arrest”.
  • “Arvind Kejriwal has suffered incarceration for more than 90 days”.
  • “We are conscious that Arvind Kejriwal is an elected leader and the Chief Minister of Delhi, a post holding importance and influence. While we do not give any directions as we are doubtful whether a court can direct an elected leader to step down or not to function as a Chief Minister or a Minister, we leave it to Arvind Kejriwal to make a call.”
  • “We have not examined the question of bail, but we have examined the parameters of Section 19 of the PMLA. We have explained the difference between Section 19 and Section 45. Section 19 involves subjective opinions of officers and is subject to judicial review, whereas Section 45 is exercised by the court itself”.

Despite the interim bail from the Supreme Court, Kejriwal will not be released from jail due to his ongoing detention by the CBI. He has challenged the CBI arrest in the Delhi High Court, with a hearing scheduled for July 17.

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