Supreme Court granted interim bail to Delhi Chief Minister Arvind Kejriwal in a money laundering case lodged by the Enforcement Directorate (ED) in the alleged excise policy scam but he will remain in jail as the CBI had arrested him in a related matter.
A bench of justices Sanjiv Khanna and Dipankar Datta referred to a larger bench, preferably of five judges, for in-depth consideration of three questions on the aspect of “need and necessity of arrest” under the Prevention of Money Laundering Act (PMLA).
Kejriwal was also arrested by the CBI on June 26 in connection with the corruption case related to the alleged excise policy scam.
The plea challenging his arrest by the CBI is pending before the Delhi high court. The matter relates to alleged corruption and money laundering in the formulation and execution of the Delhi government’s excise policy for 2021-22, which has now been scrapped.
The top court said since it is referring the matter to a larger bench despite its findings on “reasons to believe” under section 19(1) of PMLA, which deals with ED’s power to arrest, it deemed it necessary to grant interim bail to Kejriwal.
“Given the fact that right to life and liberty is sacrosanct, and Arvind Kejriwal has suffered incarceration of over 90 days, and that the questions referred to above require in-depth consideration by a larger bench, we direct that Arvind Kejriwal may be released on interim bail … on the same terms as imposed vide the order dated May 10, 2024,” the bench said in its 64-page verdict.