Should Arvind Kejriwal Resign As Chief Minister? What Supreme Court Said

The Supreme Court on Friday granted beleaguered Delhi Chief Minister Arvind Kejriwal bail in the money laundering case linked to the alleged liquor policy case. However, the court declined to rule on demands Mr Kejriwal be forced to step down from his position, observing "we are doubtful whether a court can direct an elected leader to step down... or not function as a Chief Minister or Minister".

"We are conscious Arvind Kejriwal is an elected leader and the Chief Minister of Delhi... a post holding importance and influence. We do not give any direction... as we are doubtful if a court can direct an elected leader to step down, or not to function as a Chief Minister or a Minister..."

"(But) we leave it to Arvind Kejriwal to make the call..." the Supreme Court said.

READ | Big Supreme Court Relief For Kejriwal In Delhi Liquor Policy Case

Since his arrest Mr Kejriwal has faced multiple demands to resign, usually from leaders and workers of the opposition Bharatiya Janata Party, who have protested, frequently and vociferously.

His party repeatedly rubbished those demands, pointing out the Chief Minister had not been convicted and claimed the charges against him were wholly untrue and unsubstantiated.

There were also multiple PILs, or public interest petitions, filed in both the Supreme Court and Delhi High Court, seeking directions to force Mr Kejriwal to stand down.

In May the top court junked one such plea, ruling it had "no legal merit" and stating Lieutenant Governor VK Saxena (the centre's representative) "doesn't need our guidance... we are nobody to advise him..."

The previous month the High Court junked a similar plea, for a third time.

An identical plea was dismissed back in 2019, when Mr Kejriwal was facing prosecution in an unrelated case. "Prosecution is going on. He may get acquitted. What will you do then?..." the High Court asked.

"Didn't Resign Deliberately As...": Kejriwal

In May, while out on interim bail for election campaigning, Mr Kejriwal explained that he had refused to resign, despite the pressure, because it would set a precedent, he claimed, that the government could use to target other opposition leaders, such as Bengal's Mamata Banerjee.

READ | Kejriwal Reveals Why He Didn't Resign Despite BJP Pressure

"The chief minister's post is not important for me. I did not step down as the chief minister because a conspiracy was hatched to force me to resign on a fake case," Mr Kejriwal said then.

The opposition, most of which has banded together under the Congress-led INDIA umbrella, has often accused the BJP of using federal probe agencies like the ED and CBI to target rivals.

The BJP has routinely denied this charge.

Arrested by the Enforcement Directorate in March, Mr Kejriwal was given bail last month by a city court, only to have his release paused following the probe agency's last-minute appeal in the High Court, which then declared its colleagues "didn't apply its mind" and claimed lapses in judgement.

READ | "Trial Court Didn't Apply Its Mind": Arvind Kejriwal To Stay In Jail

Consequently the High Court said Mr Kejriwal - who days later was arrested by the Central Bureau of Investigation for good measure, meaning today's bail is, for now, nullified - would remain in jail

The Aam Aadmi Party leader then moved the top court, which granted him interim bail for May-June to campaign in the Lok Sabha election - against the High Court's stay. The Supreme Court initially dismissed Mr Kejriwal's plea, noting the High Court had not, at that time, delivered its final order.

READ | "What Happened Is Unusual": Top Court's Remark On Kejriwal Hearing

However, it also observed the High Court's actions were "unusual"; Justice Manoj Misra said, "In stay matters, orders are not reserved but passed on the spot. What happened was unusual."

Why Was Mr Kejriwal Arrested?

The ED arrested Mr Kejriwal over money laundering allegations while framing the Delhi liquor policy for 2021-22, which was later scrapped after the Lieutenant Governor raised red flags.

The ED has alleged that the money Mr Kejriwal and the AAP got from the liquor sellers - around Rs 100 crore - was used to fund the party's poll campaign in Goa and Punjab.

Both Mr Kejriwal and the AAP have rubbished the charges, calling them political vendetta and pointing out that despite months of searching the ED has still not found the alleged bribe money.

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