No relief for Arvind Kejriwal yet: SC likely to hear case on Thursday or next week

The Supreme Court has said that it will tentatively see if the arguments on Arvind Kejriwal's bail plea conclude. It said, "We will give you a date for the day after tomorrow. If it's not possible, we will keep it sometime in next week."

Kejriwal's plea challenged the Delhi High Court's ruling from April 10th, which denied his appeal against the ED arrest. Since his arrest on March 21, Kejriwal has remained in detention.

Opposing the bail, the ED had said, "Arvind Kejriwal has no Ministry, no portfolio, no sign, no responsibility, so why should he be granted the bail."

A two-judge bench led by Justices Sanjiv Khanna and Dipankar Datta announced their decision on the matter.

The court had earlier said that Kejriwal is the elected Chief Minister of Delhi and that he is not a habitual criminal, Justice Khanna pointed out. Pointing out how the elections are held only once in every 5 years, and that these are “extraordinary circumstances.”

The Supreme Court had earlier said it was accept temporary relief for the AAP supremo Arvind Kejrwal due to the elections. However, the top court told Kejriwal’s lawyer that the case would only be granted interim on the clause that he would not be performing official duties as somewhere it could have cascading effects.

"We do not want interference at all in the working of the government," the court said while hearing a bail plea by the Delhi CM. "If elections were not there, it would not have given any interim relief," the top court said.

"This is an extraordinary situation. It is not like he is a habitual offender. Elections happen once in five years. It's not like harvesting a crop that will happen every four to six months. We need to consider on priority whether he should be released in the interim," the bench said.

However, the Enforcement Directorate refused the court's suggestion, saying that in case the bail is granted it would set a wrong example for the others,

"A politician has no special rights as compared to normal citizens. Should all MPs and MLAs facing prosecution be released on bail?" it asked.

In response to this, senior lawyer Abhishek Manu Singhvi said, "Can a politician get special treatment compared to a common man. There are 5,000 facing prosecution what if all of them say they want to campaign; nine summons over 6 six months, the ED cannot be blamed for choosing time; and they haven’t yet gone into evidence, so can interim bail be granted at this stage."

The SC had earlier advised the Enforcement Directorate (ED) to be prepared for the hearing, stating, "We may grant or we may not grant. But we must be open to you so that no side is taken by surprise."