Arvind Kejriwal Gains Significant Supreme Court Relief in Delhi Liquor Policy Case

Aam Aadmi Party (AAP) chief Arvind Kejriwal was also arrested by the ED on March 21 in connection with money laundering related to Delhi’s alleged liquor scheme scam.

NEW DELHI: The Supreme Court on Wednesday granted bail to Delhi Chief Minister Arvind Kejriwal in a money laundering case filed by the Enforcement Directorate relating to Delhi’s liquor policy. However, Mr. Kejriwal remains in custody as he is currently being questioned by the Central Bureau of Investigation (CBI) in a separate case.

A bench of Justices Sanjeev Khanna and Deepankar Dutta delivered the judgment. Mr Kejriwal was remanded in custody for more than 90 days, the court said while granting him interim bail in an excise policy case filed by the ED.

AAP’s “Truth born” (Truth prevails) and the Supreme Court decision. Party ‘ director was arrested by the ED on March 21 in connection with the money laundering case involving the Delhi liquor scam.

In his plea, the 55-year-old had challenged the Delhi High Court order dated April 9 denying him relief. The Supreme Court approved Kejriwal’s arrest, saying there was no crime against him, leaving “little avenue” for the central investigation as Kejriwal had repeatedly refused to withdraw the invitation to participate in the poll.

Meanwhile, the ED and CBI are investigating money laundering in Delhi’s abandoned liquor scheme.

Under the excise policy introduced in November 2021, the Delhi government refrained from retail sale of liquor and allowed private licensees to operate shops In July 2022, Delhi Chief Secretary Naresh Kumar.

In a significant legal development, Delhi Chief Minister Arvind Kejriwal was granted interim bail by the Supreme Court in the Delhi liquor policy case. The decision, which came at a crucial time during the Lok Sabha elections, has generated considerable attention and debate​.

Background of the Case
The Delhi liquor policy case revolves around alleged corruption and money laundering associated with the 2021-22 excise policy formulated by the Delhi government. The Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) have been investigating the case, leading to several high-profile arrests, including that of Kejriwal and other prominent political figures​.

Arrest and Charges
Arvind Kejriwal was arrested on March 21, 2024, by the ED, which accused him of being the mastermind behind the alleged scam. The agency claimed that Kejriwal was directly involved in demanding kickbacks from liquor barons. Following his arrest, Kejriwal was placed in judicial custody in Tihar Jail​.

The ED filed a supplementary chargesheet against Kejriwal and the Aam Aadmi Party (AAP), marking the first instance of a national political party being named as an accused in a corruption case. The chargesheet, consisting of around 200 pages, was filed in Delhi’s Rouse Avenue Court​.

Supreme Court’s Decision
On May 10, 2024, the Supreme Court granted Kejriwal interim bail until June 1, allowing him to participate in the ongoing Lok Sabha election campaign. The two-judge bench, comprising Justices Sanjiv Khanna and Dipankar Datta, emphasized the importance of the general elections and noted that the bail was tailored specifically for the election period​​.

The court rejected the ED’s contention that no political leader was granted immunity for campaigning in the past, pointing to the specific circumstances of the case. Kejriwal’s lawyers’ team’s plea to extend the polling deadline till June 5 was also rejected, pointing out that the last date for the seven-phase polls is June 1, and counting of votes is scheduled for June 4

The court rejected the ED’s contention that no political leader was granted immunity for campaigning in the past, pointing to the specific circumstances of the case. Kejriwal’s lawyers’ team’s plea to extend the polling deadline till June 5 was also rejected, pointing out that the last date for the seven-phase polls is June 1, and counting of votes is scheduled for June 4
Legal Implications and Reactions

The Supreme Court’s decision has stirred varied reactions. Legal experts suggest that while the order provides temporary relief for Kejriwal, it may not set a broad precedent for other accused individuals in similar cases. The interim bail is seen as a measure specific to the election context, with limited applicability beyond this period​​.

Moreover, the ED continues to pursue the case vigorously, preparing to file further charges and opposition to the bail pleas of other accused individuals, such as BRS leader K Kavitha and former Delhi Deputy Chief Minister Manish Sisodia​​.

Political and Social Impact
The interim bail has significant political implications, allowing Kejriwal to actively participate in the election campaign, thereby bolstering AAP’s efforts during a critical election season. Kejriwal’s supporters view the Supreme Court’s decision as a victory for democracy and a validation of Kejriwal’s claims of political vendetta​.

However, the controversy surrounding the Delhi liquor policy case continues to cast a shadow over AAP’s campaign, with ongoing investigations and potential legal challenges looming. The eventual outcome of the case will have lasting repercussions on Kejriwal’s political career and the party’s standing​​.

The Supreme Court’s interim bail for Arvind Kejriwal in the Delhi liquor policy case marks a pivotal moment in Indian politics and law. It underscores the judiciary’s role in balancing legal procedures with the democratic process while highlighting the complexities of high-profile corruption cases. As the case unfolds, it will be closely watched for its impact on both the legal landscape and the political arena​.

The Delhi liquor policy case, involving Delhi Chief Minister Arvind Kejriwal, has been one of the most high-profile and controversial legal battles in recent Indian political history. The case revolves around alleged corruption and money laundering linked to the 2021-22 excise policy formulated by the Delhi government, which was subsequently scrapped following the emergence of these allegations.

The Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) have been at the forefront of the investigation, leading to multiple arrests and charges against several prominent political figures, including Kejriwal himself. This case has not only drawn significant media attention but also sparked a fierce debate about political accountability, judicial processes, and the interplay between law enforcement and politics in India​.

Arvind Kejriwal’s arrest on March 21, 2024, marked a significant escalation in the case. The ED accused him of being a central figure in the alleged scam, with charges that included orchestrating kickbacks from liquor barons in exchange for favorable policy adjustments. His arrest was a dramatic event, as it made Kejriwal the first sitting Chief Minister in India to be put behind bars on such charges​.

The ED’s supplementary chargesheet, filed in May 2024, not only named Kejriwal but also included the Aam Aadmi Party (AAP) as an accused entity, marking an unprecedented move in Indian political history. The chargesheet, spanning around 200 pages, detailed the alleged corrupt practices and money laundering activities linked to the excise policy​.

On May 10, 2024, the Supreme Court of India granted Arvind Kejriwal interim bail until June 1, allowing him to participate in the ongoing Lok Sabha election campaign. The decision by the two-judge bench, comprising Justices Sanjiv Khanna and Dipankar Datta, was a significant relief for Kejriwal and the AAP, coming at a crucial juncture during the election season​​.

The court’s decision emphasized the importance of the general elections and noted that the bail was specifically tailored to the election period. Despite the ED’s opposition, which argued that no political leader had previously been granted bail solely for election campaigning, the bench highlighted the unique circumstances of the case and the democratic significance of the elections​.

The interim bail granted to Kejriwal has sparked varied reactions from legal experts, politicians, and the general public. While it provides temporary relief for Kejriwal, it is not expected to set a broad legal precedent for other accused individuals in similar cases. Legal analysts have pointed out that the bail is limited to the duration of the election period and does not influence the merits of the case itself​.

Politically, the decision has allowed Kejriwal to resume his active role in the election campaign, potentially boosting AAP’s prospects during the critical election phase. However, the controversy surrounding the Delhi liquor policy case continues to loom large, with ongoing investigations and potential legal challenges still ahead​​.

Legal Arguments and Court’s Reasoning
The Supreme Court’s decision to grant interim bail to Arvind Kejriwal was based on several key legal arguments and considerations. Kejriwal’s legal team, led by senior advocate Abhishek Singhvi, argued that the bail was necessary to allow Kejriwal to fulfill his democratic duties during the election period. The court acknowledged the unique importance of the general elections and the need for political leaders to actively participate in the democratic process​.

The ED, represented by Solicitor General Tushar Mehta and Additional Solicitor General S.V. Raju, opposed the bail, arguing that it set a problematic precedent and could be seen as providing undue advantage to political leaders. However, the court countered this by emphasizing that the interim bail was granted based on the specific circumstances and was not meant to be a general rule applicable to all similar cases​.

Political Implications
The Supreme Court’s decision has had immediate and far-reaching political implications. Kejriwal’s ability to campaign during the election period has been seen as a significant boost for AAP, which has been aggressively campaigning across the country. Supporters of Kejriwal and AAP have hailed the court’s decision as a victory for democracy and a rebuff to what they perceive as politically motivated charges​​.

Opponents, however, have criticized the decision, arguing that it undermines the judicial process and sets a dangerous precedent where political leaders can evade accountability by invoking election duties. The controversy has further polarized the political landscape, with sharp divisions over the legitimacy and motivations behind the legal proceedings against Kejriwal​.

Broader Legal and Social Impact
The Delhi liquor policy case and the Supreme Court’s decision to grant interim bail to Kejriwal have broader implications for the legal and social fabric of India. The case has highlighted the complexities of corruption investigations involving high-ranking political figures and the challenges faced by law enforcement agencies in pursuing such cases​.

The interim bail also raises questions about the balance between judicial processes and democratic responsibilities. While the court’s decision underscores the importance of allowing political leaders to participate in elections, it also highlights the need for judicial prudence in ensuring that legal proceedings are not unduly influenced by political considerations​​.

Future Prospects and Ongoing Investigations
As the Delhi liquor policy case continues to unfold, the future prospects for Kejriwal and AAP remain uncertain. The ongoing investigations by the ED and CBI are likely to result in further legal challenges and potential charges. The interim bail, while providing temporary relief, does not absolve Kejriwal of the charges, and the legal battles are expected to continue beyond the election period​.

The case also serves as a litmus test for India’s legal and political systems in handling high-profile corruption cases. The outcomes of the ongoing investigations and subsequent legal proceedings will have significant implications for the rule of law, political accountability, and the integrity of democratic institutions in India​​.

The Supreme Court’s interim bail decision in favor of Arvind Kejriwal in the Delhi liquor policy case marks a critical juncture in Indian politics and law. It highlights the intricate interplay between legal processes and democratic responsibilities, while also underscoring the challenges of pursuing corruption cases involving powerful political figures. As the case progresses, it will continue to be a focal point of legal and political discourse, shaping the future of accountability and governance in India​​.