Supreme Court Grants Interim Bail to Arvind Kejriwal During Lok Sabha Elections While Challenge to Arrest Remains Pending

In Arvind Kejriwal v. Directorate of Enforcement (2024 Latest Caselaw 321 SC), the Supreme Court granted interim bail to Delhi Chief Minister Arvind Kejriwal until 1 June 2024 in the money laundering case arising from the Delhi Excise Policy investigation. The Court clarified that the order was passed solely due to the peculiar facts of the case, including the ongoing Lok Sabha elections and the pending challenge to the legality of his arrest, without expressing any opinion on the merits.

The Directorate of Enforcement (ED) arrested Arvind Kejriwal on 21 March 2024 in connection with proceedings initiated under the Prevention of Money Laundering Act, 2002 (PMLA), based on a predicate offence registered by the CBI relating to the Delhi Excise Policy. Kejriwal challenged the legality of his arrest before the trial court and the Delhi High Court, but both upheld the arrest. He subsequently approached the Supreme Court. During the hearing, the Supreme Court noted that arguments on the legality of the arrest had not concluded and that a final judgment would take time. Meanwhile, the 18th Lok Sabha General Elections were in progress, prompting the Court to consider whether interim bail should be granted. 

Whether interim bail should be granted to Arvind Kejriwal pending adjudication of the challenge to the legality of his arrest under the Prevention of Money Laundering Act, considering the ongoing Lok Sabha General Elections. 

The Supreme Court held that: •Courts possess the power to grant interim bail as part of their authority to protect personal liberty under Article 21 of the Constitution. •The challenge to the legality of Kejriwal's arrest was still pending and required detailed examination. •The ongoing Lok Sabha General Elections constituted an exceptional circumstance warranting consideration of temporary release. •Granting interim bail did not confer any special privilege upon politicians, as courts routinely consider the peculiar facts and circumstances of each case while deciding bail. •Although Kejriwal had failed to comply with multiple summons issued by the ED, other relevant factors also deserved consideration, including: oHe had no criminal antecedents. oHe had not been convicted of any offence. oThe investigation had been pending since August 2022. oThe legality of his arrest remained under judicial scrutiny. •The Court emphasised that the order should not be construed as expressing any opinion on the merits of the criminal proceedings or the validity of the arrest. 

The Supreme Court granted interim bail to Arvind Kejriwal until 1 June 2024, directing him to surrender on 2 June 2024, subject to conditions including: •Furnishing bail bonds of ₹50,000 with one surety. •Not visiting the Office of the Chief Minister or the Delhi Secretariat. •Not signing official files except where required for obtaining the Lieutenant Governor's approval. •Not making public comments regarding his role in the case. •Not interacting with witnesses or accessing official files connected with the investigation. 

This decision reaffirms the Supreme Court's power to grant interim bail in exceptional circumstances while constitutional and statutory issues remain under consideration. It also clarifies that interim bail is a temporary measure based on the specific facts of a case and does not reflect any opinion on the merits of the prosecution or the legality of the accused's arrest.