Arvind Kejriwal arrest: Delhi CM to stay in jail as SC doesn’t pronounce order on interim bail

Delhi Chief Minister Arvind Kejriwal will continue his stay in jail after a Supreme Court bench hearing his petition roseon Tuesday (May 7) without pronouncing an order granting interim bail to him. Earlier in the day, the Supreme Court benchheard Kejriwal'sbail petition after the court said it was open to considering an interim bail for the Aam Aadmi Party's (AAP) national convenergiventhe ongoing Lok Sabha elections in the country.

Earlier in the day, a Delhi court extended Kejriwal's custody in the case till May 20.

Kejriwalwas arrestedby the Enforcement Directorate (ED) in Marchin connection withthe Delhi excise policy case. A report by the news agency ANI said that the apex court deferred its verdict and is likely to hear his interim bail plea on Thursday (May 9) or next week.

‘Performing functions of CM while on interim bail may...’

The bench of JusticesSanjiv Khanna and Dipankar Datta said on Tuesday that Kejriwal performing the officialfunctions of a chief minister while on interim bail might have a cascading effect.

"Suppose we release you, and you are allowed to participate in elections, you will be performing official duties...it can have cascading effects...We make it clear, we don't want you to be performing official duties if we release you," the bench said, LiveLaw reported.

'Will not sign any official files if released...'

Kejriwal then told the apex court that he was willingto furnish an undertakingto not"sign any official files" if released on interim bail.

Senior lawyer AM Singhvi, appearing for the Delhi CM, told the court, "..he (Arvind Kejriwal)will not sign any files,with a condition thatLG may not stop any work on the ground that I have not signed any file."

Singhvi pointed out that Kejriwal was not a habitual offenderandit was not that the Supreme Courtwould be "enlarging someone who is a threat to society."

The ED, meanwhile, opposed the bail, saying that politicians could notbe treateda class apart and that Kejriwal's case has tobe treatedon the same pedestal as that ofa commoncitizen of the country.

The bench then said that Kejriwal was the elected CM of Delhi, adding, "There are elections...These are extraordinary circumstances. He's not a habitual offender."

Solicitor General Tushar Mehta, appearing for the ED, objected to the Supreme Court hearing arguments on interim bail and said, "What example are we setting? Are other people less important than the chief minister?"

"How can a chief minister be treated differently than an 'Aam Aadmi.' There can't be any deviation only because he is a chief minister," the SG added.

"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.

Delhi court extends Kejriwal's custody

Meanwhile, a Delhi court on Tuesday extended Kejriwal's custody in the case till May 20. LiveLaw reported thatSpecial judge Kaveri Bawejaof Rouse Avenue Courts passed the order on the expiry of his judicial custody in the excise policy case.

(With inputs from agencies)