SC hints at interim bail for Arvind Kejriwal: 'If bail granted, there should be no interference with govt'

The Supreme Court on Tuesday said it was willing to accept temporary relief for the AAP supremo Arvind Kejrwal due to the elections. However, The top court told Kejriwal’s lawyer that in case it grants interim bail to Kejriwal it doesn’t want him to 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."