Delhi Chief Minister Arvind Kejriwal on Friday won half his big legal battle – bail awarded last month by a trial court, which the High Court had paused, was upheld this morning by the Supreme Court.
He was arrested by the Enforcement Directorate in March in the alleged liquor policy scam.
The Supreme Court’s ruling was the good news. The bad – he remains in jail since he was also arrested by the Central Bureau of Investigation, days after the lower court’s bail, in the same case.
Mr Kejriwal’s release by the top court, therefore, is, for now, a formality only.
Arvind Kejriwal Bail Terms
As part of the conditions laid down by a two-judge bench of Justice Sanjiv Khanna and Dipankar Datta, the AAP boss cannot visit his office, or the Delhi Secretariat, during his period of release.
The Chief Minister also cannot “sign official files unless it is required and necessary for obtaining clearance / approval of the Lieutenant Governor of Delhi”.
READ | Big Supreme Court Relief For Kejriwal In Delhi Liquor Policy Case
Mr Kejriwal must also furnish bail bonds worth Rs 50,000 and a surety of the same amount.
He has also been directed, as is protocol in such instances, to “not interact with any of the witnesses and / or have access to any official files connected with the case”.
READ | Arvind Kejriwal Can’t Go To Office, Sign Files While Out On Bail
The key parts of the bail conditions – that the Chief Minister not visit his office or sign official files – are identical to those imposed on him when the top court granted interim bail to campaign in the election.
Should Kejriwal Resign?
The court declined to rule on demands Mr Kejriwal be forced to quit, observing “we are doubtful whether a court can direct an elected leader to step down… or not function as a Chief Minister…”
“We are conscious Arvind Kejriwal is an elected leader and the Chief Minister of Delhi… a post holding importance and influence. We do not give any direction… as we are doubtful if a court can direct an elected leader to step down, or not to function as a Chief Minister or a Minister…” the court said.
“(But) we leave it to Arvind Kejriwal to make the call…”
READ | Should Kejriwal Resign As Chief Minister? What Court Said
Since his arrest Mr Kejriwal has faced multiple demands to resign, usually from leaders and workers of the opposition Bharatiya Janata Party, who have protested, frequently and vociferously.
His party repeatedly rubbished those demands, pointing out the Chief Minister had not been convicted and claimed the charges against him were wholly untrue and unsubstantiated.
There were also multiple PILs, or public interest petitions, filed in both the Supreme Court and Delhi High Court, seeking directions to force Mr Kejriwal to stand down.
READ | “No Legal Merit”: Supreme Court Junks Plea To Sack Kejriwal
In May the top court junked one such plea, ruling it had “no legal merit” and stating Lieutenant Governor VK Saxena (the centre’s representative) “doesn’t need our guidance… we are nobody to advise him…
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