ARVIND KEJRIWAL vs DIRECTORATE OF ENFORCEMENT, 2024
Case Title and Citation: ARVIND KEJRIWAL V. DIRECTORATE OF ENFORCEMENT 2024 INSC 400 (10 May 2024)
Factual Background
Following a complaint made by the Lieutenant Governor of the National Capital Territory of Delhi on 20 July 2022, an investigation into alleged financial irregularities concerning the Delhi Excise Policy began. The Central Bureau of Investigation (CBI) registered predicate offenses, and the Directorate of Enforcement (DoE) subsequently registered a complaint on 22 August 2022. The investigation implicated Mr. Kejriwal, the Chief Minister of Delhi, in an alleged criminal conspiracy and offenses under the Prevention of Corruption Act. Although prosecution complaints and chargesheets have been filed by the DoE and CBI, charges have not been framed by the court. Mr. Kejriwal was arrested by the DoE on 21 March 2024. After the trial court and the High Court of Delhi upheld the legality of his arrest, Mr. Kejriwal filed an appeal before the Supreme Court. Given the impending general elections and the prolongation of the appeal proceedings, the Supreme Court considered the grant of temporary release.
Issue(s)
- Whether the Supreme Court should grant interim bail to Mr. Arvind Kejriwal, the Chief Minister of Delhi and a national party leader, while his primary appeal challenging the legality and validity of his arrest is pending adjudication.
- Whether the ongoing 18th Lok Sabha General Elections constitute a unique and compelling circumstance justifying the temporary release of the Appellant.
Decision of the Supreme Court
The Division Bench of the Supreme Court granted interim bail to Mr. Kejriwal, directing his release until 1 June 2024. The Court directed that he must surrender to the investigation authorities on 2 June 2024.
The interim bail was subject to several conditions, including that he must:
- Furnish bail bonds of Rs. 50,000.
- Not visit the Office of the Chief Minister or the Delhi Secretariat.
- Not sign official files unless it is necessary for obtaining the approval of the Lieutenant Governor of Delhi.
- Not comment regarding his role in the present case.
- Not interact with any witnesses or access official files connected with the case.
Reason for the decision
- Importance of Elections: The Court emphasized that General Elections to the Lok Sabha are the most significant and important event in a national election year, and they supply the vis viva (life force) to democracy.
- Peculiar Circumstances of the Case: The Court reasoned that ignoring the surrounding circumstances, such as Mr. Kejriwal being the Chief Minister of Delhi and a leader of a national party, would be “iniquitous and wrong”. The Court stated that while he faces serious accusations, he has not been convicted, has no criminal antecedents, and is not a threat to society.
- Pending Legal Challenge: The legality and validity of the arrest itself is under challenge and consideration by the Supreme Court. In this background, when the matter is subjudice, a “more holistic and libertarian view is justified”.
- Nature of Interim Bail: The Court noted that “interim bail” is a legally accepted concept, even if not defined in law, and is granted for the temporary release of an individual under compelling or unique circumstances.
- No Opinion on Merits: The Court clarified that the grant of temporary release should not be construed as an expression of opinion on the merits of the case or the criminal appeal concerning the validity of the arrest.
Conclusion
The Supreme Court granted interim bail not based on the merits of the arrest challenge, but primarily due to the overarching constitutional necessity of allowing a political leader of a national party to participate in the ongoing Lok Sabha General Elections. By setting strict conditions for the temporary release, the Court sought to balance the democratic imperative with the need to prevent any prejudice to the pending investigation and legal proceedings.
