Supreme Court Reserves Order on Kejriwal’s Bail Plea; Highlights Conflict of Interest

The Supreme Court has emphasized the importance of avoiding conflicts of interest, stating that if interim bail is granted to Delhi Chief Minister Arvind Kejriwal, he should refrain from performing official duties to prevent any potential interference in government work.

During the hearing of Kejriwal’s petition challenging his arrest by the Enforcement Directorate, the bench of Justices Sanjiv Khanna and Dipankar Datta made it clear that they did not want the Chief Minister to perform official duties while on bail, as it could have a cascading effect.

The court reserved its order on Kejriwal’s bail plea, indicating that a decision would be made soon, possibly within the next week. However, there was no immediate relief for Kejriwal, as the court extended his judicial custody till May 20 in connection with a money laundering case linked to the liquor policy.

Senior lawyer Abhishek Manu Singhvi, representing Kejriwal, assured the court that the Chief Minister would not handle the excise case and emphasized that he is a sitting Chief Minister. However, the bench reiterated its stance on avoiding interference in government work.

The Supreme Court acknowledged the extraordinary situation due to the upcoming Lok Sabha elections and recognized the need for Kejriwal to campaign. It cited the precedent of former Union Defence Minister George Fernandes contesting and winning elections from jail.

While the court considered granting interim bail for campaigning purposes, the Enforcement Directorate opposed the suggestion, stating that it would set a wrong precedent. The ED questioned whether politicians should receive special treatment compared to ordinary citizens facing prosecution.

The court has asked Singhvi to respond to the issues raised by the Enforcement Directorate, including whether politicians should be granted special treatment, considering the number of individuals facing prosecution and the timing of summonses issued by the ED.

As the legal proceedings unfold, the Supreme Court’s deliberations underscore the complexities surrounding the balance between legal proceedings and political activities, particularly during election periods.

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