The concept of interim bail is not defined in the Indian Penal Code. It is a legal innovation that has gained acceptance over time. Delhi Chief Minister Arvind Kejriwal was on Friday granted interim bail by the Supreme Court till June 1, the day the last phase of the general elections will end. He was under arrest since March 30 for alleged money laundering linked to the Delhi excise policy scam. A two-judge bench led by Justice Sanjiv Khanna took a more “holistic and libertarian” view because of the ongoing Lok Sabha elections, which he said was of “prodigious importance” in democracy.
Rejecting the Enforcement Directorate’s position that the grant of interim bail for canvassing by a non-candidate would amount to putting a premium on politicians as compared to ordinary citizens, the court said ignoring the peculiarities and circumstances in the case would be “iniquitous and wrong”.
The bench questioned the timing of Kejriwal’s arrest closer to the elections and sought to level the playing field for the opposition. Though his failure to appear before the ED in spite of nine summons since October last year went against him, the bench reasoned that his heading a national party and not having any criminal antecedents could not be overlooked. All eyes would now be on how the bench finally disposes of Kejriwal’s appeal. Also, jailed Jharkhand Mukti Morcha head and former CM Hemant Soren is expected to seek copycat relief.
Kejriwal hit the election road running on his first full day of release, posing the succession question within the BJP and alleging that Prime Minister Narendra Modi believed in the policy of one nation, one leader. It made campaigning spicier and forced Union home minister Amit Shah to assure the nation that Modi will complete his third term as prime minister in 2029. It is this ability to think on his feet and set the narrative that makes Kejriwal stand out from the Opposition crowd. His skills at wresting and retaining parliamentary seats in Delhi and elsewhere are now under test.
For those wondering about the neutrality of the Supreme Court after incumbent D Y Chandrachud retires in November this year, Justice Sanjiv Khanna’s liberal verdict was like a gust of fresh air as he is in line to become the next Chief Justice of India. He is expected to serve in that capacity for six months from November 10, 2024 to May 13, 2025.