6 months ago
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The Supreme Court has junked the Enforcement Directorate's plea for action against out-on-bail Arvind Kejriwal, reasoning the Delhi Chief Minister's "... if you vote for AAP (when Delhi's seven Lok Sabha seats poll next week) I won't have to go back to jail" remark did not violate his bail terms.
The court told the federal agency Mr Kejriwal's comment constituted his personal opinion, and said, "It Is his assumption... we cannot say anything. Our order (on the Chief Minister returning to jail on June 2) is clear. That is the decision of this court (and) we will be governed by the rule of law..."
The court - which has heard arguments by the ED about the possible precedence of arrested political leaders receiving bail to campaign during elections - stressed it had not made any "exceptions".
"We have not made any exceptions. We welcome criticism of (our) decision (but) we will not go into this issue. Our order is clear... we have set the dates... also given reasons for granting interim bail."
The court refused the request to revoke bail and order Mr Kejriwal to jail.
Earlier, Solicitor General Tushar Mehta argued Mr Kejriwal, while campaigning, had said "... if you vote for AAP, I won't have to go back to jail..."
"This is a clear violation of conditions set by the court. It is a slap in the face of the judiciary."
Responding for Mr Kejriwal, senior advocate Abhishek Manu Singhvi pointed out senior union ministers - whom he did not name - had made various kinds of statements against his client.
READ | If INDIA Bloc Wins On June 4, I'll Be Back Next Day: Arvind Kejriwal
On Monday, while campaigning for his party, Mr Kejriwal said he feared being thrown in jail again should the BJP-led National Democratic Alliance win the 2024 Lok Sabha election. He also claimed efforts were made, after being sent to Delhi's Tihar Jail, to "break and humiliate" him.
"I have to go back to jail on June 2. I will be watching the results (of the election) on June 4 from jail. If you make INDIA bloc (the Congress-led opposition grouping of which the AAP is a member) win, I will come back on June 5. If there is lack of effort, let us see when we will meet," he had said.
The court last week also snubbed a petition seeking Mr Kejriwal's removal.
READ | "No Legal Merit": Supreme Court Junks Another Plea To Sack Kejriwal
A bench of Justice Sanjiv Khanna and Justice Dipankar Datta said it was up to Delhi Lieutenant Governor VK Saxena to act, if the situation warranted intervention, and refused to interfere. The court said there was no legal merit to the petition and noted, "Ultimately it is a matter of propriety."
Mr Kejriwal was released on bail last week after the top court held the AAP boss, as a sitting Chief Minister, is not a "habitual offender" and could be allowed to campaign for his party.
READ | Kejriwal Leaves Jail After 50 Days, Says "Need To Fight Dictatorship"
He had been arrested on March 21 over his alleged role in the liquor policy scam that roiled the AAP and the opposition weeks before the election. The AAP and Mr Kejriwal have denied all charges, and have counter-accused the BJP of orchestrating a "political vendetta" against its rivals before polls.
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