If granted interim bail, Delhi CM Kejriwal cannot perform official duties: Supreme Court

The Supreme Court said on Tuesday that if it grants Delhi Chief Minister Arvind Kejriwal interim bail in the Excise Police case, he cannot perform official duties as the apex court does not want interference at all in the working of the government.

The Supreme Court has told Kejriwal's lawyer that if it gives interim bail to the Chief Minister, it does not want him to perform official duties as somewhere it will lead to conflict.

The court said that if had there been no elections, then it would not have given any interim relief, adding, "We do not want interference at all in the working of the government."

The top court also said that Arvind Kejriwal is the elected Chief Minister of Delhi and the current circumstances are extraordinary, given the ongoing Lok Sabha elections.

Notably, the Supreme Court will resume arguments in Kejriwal's case at 2:00 pm for half an hour and it may grant interim bail to Kejriwal today.

Meanwhile, Solicitor General Tushar Mehta appearing for ED objected to the Supreme Court hearing arguments on interim bail to Kejriwal and said, "What example are we setting? Are other people less important than the Chief Minister?"

Mehta further said that there can't be any deviation only because Kejriwal is the Chief Minister and asked if the Supreme Court is carving out exceptions for politicians? "How can a Chief Minister be treated differently than an 'Aam Aadmi.' There can't be any deviation only because he is a Chief Minister...," Mehta added.

Mehta argued that Kejriwal evaded the summons for six months and said, "Please do not make an exception as it would demoralise a real common man and it shows that if you are holding a position, then you will get benefit."

ED also informed the apex court that Kejriwal stayed at the 7-star Grand Hyatt hotel during the 2022 Goa Assembly election and its bill was paid by Chanpreet Singh, who allegedly accepted cash funds for the AAP's campaign.

The ED also told the Supreme Court that this is not a politically motivated case. "We are not concerned with politics, we are concerned with evidence and we have it," said Additional Solicitor General SV Raju who is appearing for ED.

Kejriwal was arrested by the ED on March 21 in connection with a money laundering probe relating to alleged irregularities in the now cancelled Delhi excise policy and is currently lodged in Tihar Jail under judicial custody.