New Delhi:

Granting bail to Arvind Kejriwal will not “demoralise” the Delhi High Court, which last month refused the Chief Minister relief over his arrest by the CBI in the alleged liquor policy scam, the Supreme Court said Thursday. A bench of Justice Ujjal Bhuyan and Justice Surya Kant waved away the federal agency’s argument against releasing the AAP leader, saying, “Don’t say that.”

Appearing for the CBI, Additional Solicitor General SV Raju also argued that Mr Kejriwal had incorrectly bypassed the lower court – i.e., Delhi’s Rouse Avenue Court – and approached the High Court for bail.

“He approached High Court without going to Sessions Court… on merits, trial court could have seen it first. High Court can only see in exceptional cases…” he said, declaring releasing Mr Kejriwal now would demotivate the High Court.

The CBI’s logic also drew a sarcastic swipe from AAP MP Raghav Chadha, who posted on X, “If the Sun rises from the East, it will demoralise the West.”

In early August the High Court rejected Mr Kejriwal’s bail plea, directing him to approach the sessions court for relief. The AAP, however, opted to move the country’s top court, citing its observation in the release of ex Deputy Chief Minister Manish Sisodia, that “sending the appellant back to the trial court would be like playing a game of snakes and ladders…”

After Thursday’s hearing the top court reserved its verdict on Mr Kejriwal’s bail plea. The court also reserved its verdict on a separate plea challenging the CBI’s arrest of the Chief Minister.

The AAP chief was arrested by the CBI in June; he was taken into custody at the Rouse Avenue Court shortly after securing bail for his arrest by the Enforcement Directorate in the same case.

READ | “Insurance Arrest By CBI”, Kejriwal Argues For Bail In Supreme Court

Senior advocate Abhishek Singhvi, appearing for Mr Kejriwal, criticised the CBI’s arrest as an “insurance” to keep the AAP leader in jail for as long as possible, particularly with the Delhi Assembly election due early next year. Mr Singhvi pointed out Arvind Kejriwal had received bail in the ED case, which meant he had fully satisfied the ‘triple test’ legal principle for release.

READ | “Travesty Of Justice”: Manish Sisodia Gets Bail, Supreme Court Slams Delay

It was also pointed out that all others accused in the alleged liquor policy scam – Mr Sisodia and AAP Rajya Sabha MP Sanjay Singh, as well as Bharat Rashtra Samithi leader K Kavitha – had bail.

READ | ‘Just Because Woman Is Educated…’: Top Court As K Kavitha Gets Bail

“Prolonged incarceration cannot be there…” Mr Singhvi said, referring to statements by the top court in releasing Mr Sisodia, “Is ‘triple test’ satisfied? Yes… in the Manish Sisodia judgment, the court held that in this particular case of excise policy, trial is impossible to finish.”

Mr Kejriwal has been in jail since late-March. He received temporary reprieve in June, before Delhi voted in the general election, but had to return to Tihar Jail after the results were out.

The ED and CBI contend Arvind Kejriwal played a key role in forming of a new liquor excise policy for Delhi, which allowed him to sell wholesale licences and get kickbacks, around Rs 100 crore of which, the authorities claim, came from a ‘South group’ led by the BRS’ K Kavitha.

This money, the agencies allege, was used to fund the AAP’s election expenses in Goa.

Mr Kejriwal, the AAP, and other accused have denied the charge, counter-accusing rivals Bharatiya Janata Party, to whose government at the centre the agencies answer, of mounting a campaign against opposition politicians and parties, particularly before elections.

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New Delhi:

The Supreme Court on Monday refused Delhi Chief Minister Arvind Kejriwal immediate relief in his battle to overturn the High Court’s interim stay on a bail order issued last week by a lower court.

The court responded to Mr Kejriwal’s arguments – the High Court erred in staying bail without first perusing the order, and rationale, of the lower court – by saying it would wait till the said order came on record, and the High Court had a chance to re-examine the stay – before acting on the matter.

The court has fixed Wednesday as the next hearing date; the High Court is expected to deliver its full verdict on Tuesday. “It is not proper to interfere when the High Court has reserved its judgement,” the Supreme Court said, “We will keep this petition for hearing for day after tomorrow.”

This was after Additional Solicitor General Tushar Mehta, appearing for the Enforcement Directorate – which arrested Mr Kejriwal in the liquor policy case March and has opposed bail and medical relief claimed by the Chief Minister – said the High Court is likely to render its verdict within 24 hours.

Earlier, as the day’s (brief) hearing began, Mr Kejriwal’s lawyers argued that the “balance of convenience” is in the Chief Minister’s favour, reasoning there is no substantial reason for the AAP leader to stay in jail. “If bail is reversed, he will certainly go back to jail… as he did after the Supreme Court’s interim release (to campaign for the election),” senior advocate Abhishek Singhvi said.

He was referring to Mr Kejriwal’s release last month – allowed by the top court – to campaign for his party and the Congress-led INDIA bloc in the 2024 Lok Sabha election, in which Prime Minister Narendra Modi’s BJP was pegged back and forced to rely on its allies to form the government.

Mr Singhvi also referred to the top court’s order granting Mr Kejriwal that interim bail, in which it acknowledged the Delhi Chief Minister is not a “habitual offender” or a “flight risk”.

“Why can’t I be free in the interim? I have a judgment in my favour…” he continued, responding to the court suggesting the Chief Minister be patient for 24-48 hours till the High Court reads its order.

“If we pass order now, we will prejudge the issue. This is not a subordinate court…” he was told.

Arvind Kejriwal Bail Hearing LIVE Updates:

The Supreme Court is expected to give its verdict today on interim bail to Delhi Chief Minister Arvind Kejriwal, who was arrested in a money laundering case and is seeking a release from jail to campaign for the ongoing Lok Sabha polls.

A bench, comprising Justices Sanjiv Khanna and Dipankar Datta, had reserved its verdict on Mr Kejriwal’s interim bail on May 7.

Mr Kejriwal, the national convenor of the Aam Aadmi Party (AAP), was arrested on March 21 by the Enforcement Directorate (ED) in a money laundering case linked to the alleged liquor policy scam. He is currently lodged in Tihar jail under judicial custody.

Earlier Tuesday, a Delhi court extended his judicial custody till May 20.

Here are the LIVE updates on Arvind Kejriwal’s bail hearing:

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Arvind Kejriwal’s Interim Bail Live: Probe Agency’s Affidavit In Supreme Court

In its affidavit filed in the Supreme Court on Thursday, the ED pointed out that, while hearing the bail plea of former Delhi deputy chief minister Manish Sisodia — a co-accused in the same Delhi liquor policy case — the court had said that the laws apply equally to all citizens and institutions, including the State.

Stating that Arvind Kejriwal had sought interim bail primarily for campaigning in the Lok Sabha elections, the agency submitted, “It is relevant to note that the right to campaign is neither a fundamental right nor a constitutional right and not even a legal right.”

The agency also argued that 123 elections have taken place in the past five years and if interim bail is granted to Mr Kejriwal for campaigning, then no politician can be kept in judicial custody since polls take place around the year.

Arvind Kejriwal’s Bail Live: Probe Agency ED Opposes Arvind Kejriwal’s Bail

The probe agency ED has filed an affidavit in the Supreme Court opposing Arvind Kejriwal’s petition. It said that laws are equal for all and that campaigning for the Lok Sabha polls is not a fundamental, constitutional, or even a legal right.

The central agency also said that no political leader has ever been granted bail for campaigning and that letting Mr Kejriwal, the national convenor of the Aam Aadmi Party (AAP), out of jail to canvas for his party candidates would set a wrong precedent.

Arvind Kejriwal Bail Live: Supreme Court Had Reserved Its Verdict On May 7

A Supreme Court bench, comprising Justices Sanjiv Khanna and Dipankar Datta, had reserved its verdict on interim bail of Arvind Kejriwal on May 7.

The bench reserved its decision after hearing the arguments put forth by senior advocate Abhishek Singhvi, who appeared for Mr Kejriwal, and Additional Solicitor General SV Raju, who appeared for the Enforcement Directorate.

The bench has divided the hearing on Mr Kejriwal’s petition against his arrest into two parts. His main petition challenges his arrest by the probe agency and seeks it to be declared as “illegal”. The second aspect pertains to the grant of interim bail keeping in mind the ongoing Lok Sabha polls.

Arvind Kejriwal Bail Hearing LIVE: Supreme Court’s Verdict On Arvind Kejriwal’s Bail Likely Today
The Supreme Court is likely to give its order today on interim bail to Delhi Chief Minister Arvind Kejriwal. Mr Kejriwal was arrested in a money laundering case and is seeking a release from jail to campaign for the ongoing Lok Sabha polls.