The Supreme Court of India on Tuesday reserved its order on the plea of Delhi Chief Minister Arvind Kejriwal challenging his arrest by the Enforcement Directorate (ED) in the money laundering case linked to the liquor scam. The apex court is expected to take up the matter next Thursday.
The SC told Kejriwal's counsel that the Delhi CM will not be able to perform his official duties as it will lead to conflict as it pondered granting interim bail to the Aam Aadmi Party chief. "We do not want interference at all in the working of the government," the SC noted.
The top court opined that if there were no elections going on, it would not have given any interim relief to Kejriwal.
Solicitor General Tushar Mehta said that according to the Representation of People Act the right to vote also gets suspended in judicial custody. He said, "Do not keep leaders in a separate class. Everyone is equal in the eyes of law. You listen to the facts. It was told to the court that he was arrested before the elections."
Justice Sanjeev Khanna said that "no wrong message should be sent from the country's biggest court" that a chief minister can "get a different treatment", while observing that Kejriwal is not a "habitual criminal".
"Suppose if we reserve the decision then we will have to pronounce it. But it also has to be seen that this period will not return. We have been granting interim bail in exceptional cases. Arvind Kejriwal is not a habitual criminal," he said.
Tushar Mehta said, "No wrong message should be sent from the country's biggest court. It would be unfortunate if this happens. Don't make this an exception. This will discourage a common man. That means if you are CM then you will get different treatment. If this happens then every citizen of the country will file a petition seeking bail".
"We are in the Supreme Court, we can say that the arrest was correct and still grant interim bail and then correct ourselves," Justice Khanna said
"He went on meditation, kept postponing the summons for six months, if he had cooperated earlier, the arrest might not have taken place," said Mehta.
