Editor's Pick | SC grants interim bail, Kejriwal walks out of jail

The Supreme Court on Friday granted interim bail to Delhi Chief Minister Arvind Kejriwal in the liquor policy case till June 1 to campaign for the Lok Sabha election. Mr. Kejriwal walked out of the Tihar Jail in the evening and participated in a roadshow; there are more campaigns planned for the next few days. “There is no gainsaying that General Elections to [the] Lok Sabha is the most significant and an important event this year, as it should be in a national election year. Between 650-700 million voters out of an electorate of about 970 million will cast their votes to elect the government of this country for the next five years. General Elections supply the vis viva to a democracy,” a Bench of Justices Sanjiv Khanna and Dipankar Datta observed. The court barred Mr. Kejriwal from visiting the Chief Minister’s Office or the Delhi Secretariat. He cannot sign any official files unless it is required to obtain the clearance or approval of the Lieutenant-Governor of Delhi. The order prohibited him from making any comments with regard to his role in the liquor policy case. He will not interact with witnesses or have access to files connected with the case. He has been directed to furnish bail bonds worth ₹50,000, with one surety. In an editorial, The Hindu pointed out that in Mr. Kejriwal’s case, “the court is right in both citing the general election as a good enough reason to grant him interim bail until June 1, when the last phase of polling will be held, and in rejecting the Centre’s argument that it would amount to favourable treatment to politicians....interim release orders relate to the ‘peculiarities associated with the person in question and surrounding circumstances’. The absence of a notable leader from the campaign arena, especially when he is yet to be convicted, will be a factor that will cast a doubt on the free and fair nature of the election.” Mr. Kejriwal has to surrender on June 2. The court made it clear that its grant of interim bail was not a comment on the merits of the case or on the appeal filed by Mr. Kejriwal against his arrest on March 21. During the short pronouncement of the order, which lasted a little over four minutes after the lunch break, Solicitor-General Tushar Mehta, for the Central agency, said that the ball has already started rolling, with Amritpal Singh, who is detained under the National Security Act over Khalistani activities, approaching the court for bail to contest in the elections. “That is a different concern,” Justice Khanna said. “It is the concern of the nation,” Mr. Mehta replied. “We cannot compare that with this case… Let us not put it in such simple straitjacket terms like that,” Justice Khanna said. The two-judge Bench agreed with the ED that Mr. Kejriwal avoiding nine summons was a “negative factor”, but noted there were still other facets which had to be considered. “Arvind Kejriwal is the Chief Minister of Delhi and a leader of one of the national parties. No doubt, serious accusations have been made, but he has not been convicted. He does not have any criminal antecedents. He is not a threat to society,” the court listed points in favour of Mr. Kejriwal. The court noted that the ED had filed its Enforcement Case Information Report in August 2022. The case had been pending since then, but Mr. Kejriwal was arrested only on March 21, a few days after the Model Code of Conduct came into force. This was a point noted in The Hindu editorial after Mr. Kerjriwal’s arrest: “If the ED had evidence of corruption, it should have taken the case to trial on a war footing. Keeping the accused in jail, while investigators continue their roving expedition, should be unacceptable in a society ruled by law. When the accused are political opponents of the ruling party, the arrests will be seen as selective enforcement of the law and impairs public confidence in democracy itself.” Justice Khanna said that 22 days of liberty for Mr. Kejriwal to campaign for the Aam Aadmi Party would “not make a difference now”. Delhi votes on May 25. The eight-page order rejected an argument by the Directorate of Enforcement (ED) that releasing Mr. Kejriwal on interim bail would create an impression among the public — and worse still, a judicial precedent — that politicians are a separate class, higher in status than the ordinary citizen and immune from arrest. Every criminal would vie to be a politician, the ED had said. The Hindu’s Editorial Voting for relief: On interim bails and elections Folds and faults: On AlphaFold 3 The Hindu’s Daily News Quiz Former Deputy Chief Minister of Haryana Dushyant Chautala is a leader of which party? Jannayak Janta Party Indian National Lok Dal Haryana Lokhit Party BJP To know the answer and to play the full quiz, click here. [logo] Editor's Pick 11 May 2024 [The Hindu logo] [EP Logo] Editor's Pick 11 May 2024 In the Editor's Pick newsletter, The Hindu explains why a story was important enough to be carried on the front page of today's edition of our newspaper. [View in browser]( [More newsletters]( SC grants interim bail, Kejriwal walks out of jail The Supreme Court on Friday granted interim bail to Delhi Chief Minister Arvind Kejriwal in the liquor policy case till June 1 to campaign for the Lok Sabha election. [Mr. Kejriwal walked out of the Tihar Jail]( in the evening and participated in a roadshow; there are more campaigns planned for the next few days. “There is no gainsaying that General Elections to [the] Lok Sabha is the most significant and an important event this year, as it should be in a national election year. Between 650-700 million voters out of an electorate of about 970 million will cast their votes to elect the government of this country for the next five years. General Elections supply the vis viva to a democracy,” a Bench of Justices Sanjiv Khanna and Dipankar Datta observed. The court barred Mr. Kejriwal from visiting the Chief Minister’s Office or the Delhi Secretariat. He cannot sign any official files unless it is required to obtain the clearance or approval of the Lieutenant-Governor of Delhi. The order prohibited him from making any comments with regard to his role in the liquor policy case. He will not interact with witnesses or have access to files connected with the case. He has been directed to furnish bail bonds worth ₹50,000, with one surety. In an editorial, The Hindu pointed out that in Mr. Kejriwal’s case, “the court is right in both citing the general election as a good enough reason to grant him interim bail until June 1, when the last phase of polling will be held, and in rejecting the Centre’s argument that it would amount to favourable treatment to politicians. ...interim release orders relate to the ‘peculiarities associated with the person in question and surrounding circumstances’. [The absence of a notable leader]( the campaign arena, especially when he is yet to be convicted, will be a factor that will cast a doubt on the free and fair nature of the election.”  Mr. Kejriwal has to surrender on June 2. The court made it clear that its grant of interim bail was not a comment on the merits of the case or on the appeal filed by Mr. Kejriwal against his arrest on March 21. During the short pronouncement of the order, which lasted a little over four minutes after the lunch break, Solicitor-General Tushar Mehta, for the Central agency, said that the ball has already started rolling, with Amritpal Singh, who is detained under the National Security Act over Khalistani activities, approaching the court for bail to contest in the elections. “That is a different concern,” Justice Khanna said. “It is the concern of the nation,” Mr. Mehta replied. “We cannot compare that with this case… Let us not put it in such simple straitjacket terms like that,” Justice Khanna said. The two-judge Bench agreed with the ED that Mr. Kejriwal avoiding nine summons was a “negative factor”, but noted there were still other facets which had to be considered. “Arvind Kejriwal is the Chief Minister of Delhi and a leader of one of the national parties. No doubt, serious accusations have been made, but he has not been convicted. He does not have any criminal antecedents. He is not a threat to society,” the court listed points in favour of Mr. Kejriwal. The court noted that the ED had filed its Enforcement Case Information Report in August 2022. The case had been pending since then, but Mr. Kejriwal was arrested only on March 21, a few days after the Model Code of Conduct came into force. This was a point noted in The Hindu editorial after Mr. Kerjriwal’s arrest: “If the ED had evidence of corruption, it should have taken the case to trial on a war footing. Keeping the accused in jail, while investigators continue their roving expedition, should be unacceptable in a society ruled by law. When the accused are political opponents of the ruling party, the arrests will be seen [as selective enforcement of the law]( impairs public confidence in democracy itself.” Justice Khanna said that 22 days of liberty for Mr. Kejriwal to campaign for the Aam Aadmi Party would “not make a difference now”. Delhi votes on May 25. The eight-page order rejected an argument by the Directorate of Enforcement (ED) that releasing Mr. Kejriwal on interim bail would create an impression among the public — and worse still, a judicial precedent — that politicians are a separate class, higher in status than the ordinary citizen and immune from arrest. Every criminal would vie to be a politician, the ED had said. The Hindu’s Editorial [Arrow][Voting for relief: On interim bails and elections]( [Arrow][Folds and faults: On AlphaFold 3]( The Hindu’s Daily News Quiz [Arrow] Former Deputy Chief Minister of Haryana Dushyant Chautala is a leader of which party? - Jannayak Janta Party - Indian National Lok Dal - Haryana Lokhit Party - BJP To know the answer and to play the full quiz, click [here.]( [Sign up for free]( Today’s Best Reads [[The fraying of the model code of conduct] The fraying of the model code of conduct]( [[Freshwater quest, the likely new gold hunt] Freshwater quest, the likely new gold hunt]( [[Caste equations hold the key in 5 Bihar seats] Caste equations hold the key in 5 Bihar seats]( [[What is DigiLocker and does it keep your data safe? | Explained] What is DigiLocker and does it keep your data safe? | Explained]( Copyright© 2024, THG PUBLISHING PVT LTD. If you are facing any trouble in viewing this newsletter, please [try here]( Manage your newsletter subscription preferences [here]( If you do not wish to receive such emails [go here](