Kejriwal moves SC seeking 7-day extension of interim bail; AAP says he ‘may have symptoms of some serious disease’

On May 10, a Supreme Court bench of Justices Sanjiv Khanna and Dipankar Datta granted Kejriwal interim bail until June 1 to campaign in the Lok Sabha elections. As per the order, Kejriwal, who was arrested by the Enforcement Directorate (ED) in connection with the Delhi excise policy scam case, has to surrender on June 2.

Representing Kejriwal, Senior Advocate A M Singhvi had on May 10 urged the court to grant him more time pointing out that the election results are on June 4 but the court refused to oblige.

On May 16, when the bench was hearing Kejriwal’s petition challenging his arrest, Solicitor General Tushar Mehta appearing for the ED took “exception” to Kejriwal’s reported remark that he would not have to return to jail on June 2 if people voted for the AAP. Quoting news reports, Mehta told the bench: “They (people) say that I (Kejriwal) will have to go back to jail in 20 days. If you vote for the broom (AAP election symbol), then I will not have to go to jail.”

He added, “This is a slap on the system. That if you vote for me, then I will not have to go to jail on the 2nd (of June). How can that happen?”

Justice Datta said, “That (returning to jail on June 2) is our order.” Justice Khanna too said, “That (he will not have to return to jail) is an assumption… Our order is very clear.” He added it is “the direction of the court which should matter”.

Objecting, Singhvi too said, “If he (Mehta) is going to file an affidavit, I will file an affidavit about a top minister of this government.” He, however, did not name any minister.

On May 15, Union Home Minister Amit Shah told news agency ANI that grant of interim bail to Kejriwal, arrested by the ED on March 21 in the Delhi excise policy case, was “not a routine and normal judgment” and “many people in the country” believe that he had been given “special treatment”.

Justice Khanna said “even criticism of the judgment” was “welcome” and added, “As far as our order, it is very clear. We have fixed the timelines. We have said that on so and so date, he is on bail, on so and so date, he has to surrender. That is it. Our order is an order of the court. And that is an order of the apex court. If the rule of law is to be governed, it will be governed by that”.