Excise policy case: Here’s why Delhi CM Arvind Kejriwal stays in jail despite interim bail by Supreme Court

The Supreme Court on July 12 granted interim bail to Delhi Chief Minister Arvind Kejriwal in a money laundering case linked to the alleged Delhi Liquor Policy Case being probed by the Enforcement Directorate (ED). 

Arvind Kejriwal will, however, not be released from jail since he is presently in custody with the Central Bureau of Investigation (CBI) in the same Delhi Liquor Policy matter. 

The Supreme Court bench, comprising Justices Sanjiv Khanna and Dipankar Datta, referred Arvind Kejriwal's petition to a larger bench to examine whether the need or necessity of arrest must be read as a condition into Section 19 of the Prevention of Money Laundering Act (PMLA). 

The bench granted Kejriwal interim bail, considering his incarceration so far. The bench clarified that the larger bench could modify the question of interim bail, legal news website Live Law reported.

Kejriwal in CBI custody

Kejriwal, however, remains in Tihar Jail since he was arrested by the CBI on June 25 under the Prevention of Corruption Act in relation to the same liquor policy case. On July 12, hours after SC granting him interim bail in the matter being investigated by ED, a Delhi court extended his CBI custody in the matter until July 25.

ED arrested Kejriwal on March 21 after the Delhi High Court refused interim protection. He remained in custody until the Supreme Court granted him interim release on May 10 ahead of the Lok Sabha elections 2024. The bail expired on June 2.

The Delhi Chief Minister had initially approached the Delhi High Court to challenge ED's arrest. However, his plea was dismissed on April 9. He later moved to the top Court, which issued notice on his plea on April 15.

A Delhi court on June 20 granted bail to Arvind Kejriwal, who was arrested by ED on March 21. The court ordered Kejriwal’s release on a personal bond of ₹1 lakh. The Delhi High Court stayed this order on June 25. 

CBI custody challenged 

On the same day, the CBI arrested Kejriwal under the Prevention of Corruption Act in connection to the Liquor Policy case.  Kejriwal challenged his arrest by the CBI before the Delhi High Court and filed a plea seeking bail in the CBI case.