Arvind Kejriwal interim bail: SC puts 5 conditions — AAP leader not allowed to visit CM office, sign official files

Arvind Kejriwal, the Delhi Chief Minister and Aam Aadmi Party's (AAP) national convenor, was granted interim bail by the Supreme Court in connection with the excise policy case on Friday. 

Though the Supreme Court granted Arvind Kejriwal interim bail, he will not be released from jail as he was arrested by the Central Bureau Investigation (CBI) later in a related case. 

While granting bail to the Delhi CM, the apex Court made certain bail conditions in its verdict.

As per the Supreme Court order, Kejriwal will not be allowed to visit the CM office and Delhi Secretariat during his interim release. The chief minister was also asked to furnish bail bonds of ₹50,000.

Here's what the Supreme Court's conditions say, as per the document shared by Live Law:

(a) He shall furnish bail bonds in the sum of ₹50,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent;

(b) He shall not visit the Office of the Chief Minister and the Delhi Secretariat.

(c) He shall be bound by the statement made on his behalf that he shall not sign official files unless it is required and necessary for obtaining clearance/approval of the Lieutenant Governor of Delhi.

(d) He will not make any comment with regard to his role in the present case.

(e) He will not interact with any of the witnesses and/or have access to any official files connected with the case.

The Supreme Court added that “the interim bail may be extended, or recalled by the larger Bench.”

Earlier on Friday, the Supreme Court granted Kejriwal interim bail in the money laundering case linked to the alleged excise policy scam (filed by the Enforcement Directorate [ED]).

Hours later, a Delhi court extended Kejriwal's judicial custody in a corruption case linked to the excise policy matter (registered by the Central Bureau of Investigation [CBI]).

'ED can exercise power of arrest only...'

Several questions related to the ED's power to arrest were raised during the hearing, as Kejriwal contended that his arrest and remand by the agency were illegal.

In its order on Friday, the Supreme Court said the ED can exercise power of arrest only when the material with the designated officer enables them to form an opinion by recording reasons in writing that the arrestee is guilty.

According to Live Law, the Supreme Court held that the ED cannot ignore materials which exculpate the accused while exercising the power to arrest.