Delhi's Chief Minister Arvind Kejriwal was granted interim bail by the Supreme Court on Friday. Kejriwal will remain on bail until June 1, and must surrender in court on June 2. Now the question arises: does the Supreme Court's decision for Kejriwal pave a way for relief for leaders like Kavitha, Hemant Soren, and others?
According to legal connoisseurs, the Supreme Court's interim bail for Arvind Kejriwal was granted under 'extraordinary circumstances'. Foremost, Kejriwal is the national coordinator of a major political party and the elected Chief Minister of Delhi.
What did the court say while granting interim bail?
The court regarded the ongoing national elections for the Lok Sabha as pivotal to the next five years, as the public selects its government. Voters need to be aware of the policies and prospective public welfare programs of all parties to cast an informed vote. A national leader has the right to inform voters about the policies of his party and its candidates during an election.
Little hope for relief for other leaders
However, neither Kavitha, former Chief Minister of Jharkhand Hemant Soren, nor any other AAP leaders fit into this special category Kejriwal falls under. It is certain they will cite this Supreme Court order in their bail pleas, but the likelihood of them finding relief based on this decision seems very slim.
Hemant Soren also seeks relief
Former Chief Minister of Jharkhand, Hemant Soren, is already asking for a similar reprieve from the apex court for campaign purposes. Soren’s lawyer Kapil Sibal could argue the case on May 13, when the Supreme Court hears the case, surely referencing Arvind Kejriwal’s bail.
Regarding whether Arvind Kejriwal's interim bail order will affect other pending cases, lawyer DK Mahant comments, 'I doubt it because the foundation of the interim bail given to Kejriwal is his participation in the election.' Therefore, its limitation is only up until June 1. After that, he must surrender and can seek bail again.
'Bail is only for the election period'
Supreme Court lawyer Anas Tanvir says, 'The interim bail granted to Arvind Kejriwal today is specifically for the duration of the elections. The court emphasized that this bail does not affect the merit of the case. No other defendant can demand bail solely on the basis of this order.'
'Analysis of any Supreme Court decision is crucial'
Supreme Court attorney Neha Singh told India Today, 'Justice H R Khanna (Justice Sanjeev Khanna’s uncle) once told a newly appointed judge that anyone can decide 99.99% of cases. It’s the rare 0.1% of cases that require a judge to stand firm. Arvind Kejriwal is the first sitting Chief Minister of India to have gone behind bars, which will unquestionably influence the interpretation of PMLA provisions and impact the country’s bail jurisdiction. Careful analysis of any Supreme Court decision is vital because it not only interprets existing law but also establishes precedents and norms.'
ED presents another chargesheet
While CM Kejriwal received bail on Friday, the investigation agency ED also became super-active. On Friday evening, the ED team arrived at the Rouse Avenue Court to file a supplementary chargesheet. Visuals of the ED team filing the chargesheet at the court’s filing counter have surfaced. This supplementary chargesheet filed by the ED includes names like K Kavitha, among others.
