Supreme Court has granted interim bail to Delhi Chief Minister Arvind Kejriwal in the money laundering case linked to the alleged liquor policy scam. However, the court declined to rule on demands that Kejriwal be forced to step down from his position, stating that they are doubtful whether a court can direct an elected leader to step down or not function as a Chief Minister.
The court observed that Kejriwal is an elected leader and the Chief Minister of Delhi, holding an important and influential position. The Supreme Court left it to Kejriwal to make the call on whether to resign or not.
While granting the interim bail, the court imposed certain conditions, including that Kejriwal shall not visit the Chief Minister’s office or the Delhi Secretariat during the period of his release. He is also barred from signing official files unless it is required and necessary for obtaining clearance or approval from the Lieutenant Governor of Delhi.
The court referred Kejriwal’s petition challenging his arrest by the Enforcement Directorate (ED) to a larger bench to examine the question of whether the need or necessity of arrest must be read as a condition into Section 19 of the Prevention of Money Laundering Act.
Since his arrest, Kejriwal has faced multiple demands to resign, usually from leaders and workers of the opposition Bharatiya Janata Party. However, his party repeatedly rubbished those demands, pointing out that the Chief Minister had not been convicted and claiming the charges against him were wholly untrue and unsubstantiated.
The Supreme Court’s decision to grant interim bail to Kejriwal and leave the decision on his resignation to him is a significant development in the ongoing legal battle. The court’s stance on the issue of directing an elected leader to step down from their position has also raised important questions about the separation of powers and the role of the judiciary in such matters.