Arvind Kejriwal might get out on bail but not out of the woods

Delhi Chief Minister Arvind Kejriwal, who has been lodged in the Tihar jail under judicial custody after his arrest on March 21 in the Delhi excise policy case, didn't get any relief today at the Supreme Court during the hearing on his interim bail. The case pertains to alleged corruption and money laundering in the formulation and execution of the Delhi government's now scrapped excise policy for 2021-22. The Supreme Court might take it up again day after tomorrow or next week. Meanwhile, a Delhi District Court extended Kejriwal's judicial custody today till May 20.

Also Read: No interim bail for Arvind Kejriwal for now, SC likely to pronounce order on May 9

On Friday last week, the Supreme Court had verbally observed that it could consider granting interim bail to Kejriwal due to the Lok Sabha elections. It made the oral observation after observing that the arguments on Kejriwal's plea, challenging his arrest in the Delhi excise scandal, may take time to conclude.


The Supreme Court today said that with elections round the corner, it is an extraordinary circumstance. The court also said Kejriwal was not a habitual offender.

What the ED said on Kejriwal's bail

Representing the ED, Solicitor General Tushar Mehta raised concerns about setting a precedent for other individuals facing criminal charges, highlighting the potential ramifications on the legal system, Times Now reported. Mehta underlined the sheer volume of cases involving present and former Members of Parliament (MPs) and Members of the Legislative Assembly (MLAs), cautioning against granting bail to all individuals seeking to campaign.

Mehta also opposed any discussion regarding interim bail for Kejriwal, highlighting his alleged lack of cooperation with authorities, citing his failure to respond to nine summonses issued over the past six months. ."Are we carving out an exception for politicians? Heavens won't fall if he does not campaign. Is campaigning for elections more important?" the ED's lawyer said.

However, the SC said it was not differentiating a chief minister from common people but considered the upcoming elections as an extraordinary circumstance for Kejriwal.

Why the bail won't lessen Kejriwal's problems

Given the Supreme Court's views on elections as being an extraordinary situation, Kejriwal might be awarded an interim bail but this would not have any impact on the course of the case against him. The ED has gathered enough material against Kejriwal.

The ED has told the Supreme Court that Kejriwal stayed at 7-star Grand Hyatt hotel during the 2022 Goa Assembly election and the bill was paid by one Chanpreet Singh, who allegedly accepted cash for the AAP’s poll campaign. The ED told the Supreme Court that it is not a politically motivated case. “We are not concerned with politics, we are concerned with evidence and we have it,” Additional Solicitor General SV Raju, appearing for ED, said. Establishing a money trail is crucial in this case and it seems the ED is claiming to have found missing links in the chain.

The Delhi high court on April 9 had upheld the legal validity of Kejriwal's arrest by the ED in the money laundering case connected to the alleged excise policy scam. The HC concluded that the material collected by the ED revealed that he allegedly conspired and was actively involved in the use and concealment of proceeds of crime. While the court clarified that its job was not to conduct a “mini trial” and stressed that the observations will not “tantamount to an expression of opinion on the merits of the case during trial”, the 106-page ruling contains detailed findings on the credibility of approvers and other evidence marshalled by the ED.

“To summarise, the material which has been encapsulated reveals that Kejriwal had allegedly conspired with other persons and was involved in the formulation of Delhi Excise Policy 2021-22, in the process of demanding kickbacks from the South Group, as well as in generation, use and concealment of proceeds of crime,” the High Court had said.

It had added that Kejriwal was “allegedly involved” in laundering in two capacities. “Firstly, in his personal capacity as he was involved in formulation of the excise policy and in demanding kickbacks. Secondly, in his capacity as national convener of AAP as per Section 70(1) of PMLA [Prevention of Money Laundering Act], for use of proceeds of crime of Rs 45 crore in the election campaign of AAP in the Goa elections in 2022, which is prima facie apparent from the material relied upon by the respondent,” the court said.

The HC held that the ED was able to place enough material in the shape of hawala dealers’ statements, approvers’ statements and that of the party’s own candidate who said he was given cash for expenditure in the Goa elections to “complete the chain that money was sent in cash for the Goa elections”.

Given the material ED has collected purportedly linking Kejriwal and his party to the proceeds of crime and the claimed money trail, even if the Supreme Court grants bail to him during the next hearing, it will only give Kejriwal a breather but not reduce his current troubles.