Decision on CM Arvind Kejrival’s interim bail kept reserved. Hearing a day after tomorrow
The Supreme Court has today reserved its judgement on the petition filed by Delhi CM Arvind Kejrival challenging his arrest as arbitrary and illegal terming it as murder of democracy. The two judge bench of Supreme Court comprising of Justices Sanjeev Khanna and Dipankar Dutta has after prolonged arguments of Additional solicitor general Tushar Mehta and deputy SG Mr Raju representing the ED and opposing the interim bail of Arvind Kejrival has till now not given any judgement and kept it in abeyance. Opposing the possibility of interim bail to Delhi CM Arvind Kejrival as speculated by the two judge bench earlier the ED counsels have strongly opposed it saying that this will set a wrong precedent in future as thousands of other jailed under trials on serious cases would follow suit and knock the doors of Supreme Court to seek bail. The counsels of ED said that Kejrival should not be accorded special treatment since he is the Chief minister as everyone is equal in the eyes of the law and judiciary. When the Court asked why was the ED so late in arresting him and that too at the time when elections took place, just a week after the code of conduct was enforced, the response was that lot of witnesses etc had to be interrogated and therefore it took lot of time. Moreover, they also said that since Arvind Kejrival refused to accept eight summons of ED he was arrested adding that had he responded positively to their summons , may be he would not have been arrested. In the afternoon the SC bench had given indications that under special circumstances and since he is the duly elected CM and answerable to the Delhi electorates he needs an interim bail to campaign in the elections, to meet his electorates and interact with them enabling them to vote for the leader of their choice. The court said he is not a habitual offender. But the ED strongly opposed it saying that if he is given the interim bail a wrong precedence would be established and hundreds of leaders, undertrials jailed would ask for interim bail referring to this precedence. The SG Tushar Mehta said he can’t get a special social treatment and all accused should be treated equally in the eyes of judiciary/ law. Senior Supreme Court advocate Abhishekh Manu Singhvi was appearing for Delhi CM Arvind Kejrival who argued that since his client was innocent and there is not a trace of evidence against him nor any money trail established, how can his client be arrested without any proof appealing to give him relief by setting him free as being the Delhi CM and leader of a political party he has to campaign and canvass support for his candidates in Delhi as well as nationally. The order reserved by the two judge bench would be delivered day after tomorrow, probably. Meanwhile, the BRS leader and former CM Telangana’s daughter K.Kavitha who is in Tihar Jail in connection with the Delhi government’s New Excise policy related liquor scam in which allegedly hundreds of crores changed hands, has not been granted bail by the Rouse Avenue Sessions Court and her next hearing fixed for May 25 th. She has again been sent to Tihar Prisons where she is an under trial.
