The Indian Supreme Court granted bail Friday to Delhi Chief Minister Arvind Kejriwal in a money laundering case. Kejriwal, the head of Delhi’s local government, has been in detention since March 2024 in multiple money laundering cases against him in an alleged liquor policy scam.
The court emphasised that Kejriwal was granted interim bail due to the sanctity of his right to life and liberty and his 90-day incarceration. The terms are similar to those of a previous order: Kejriwal must provide a bail bond, refrain from visiting the chief minister’s office, limit his involvement in official matters, refrain from commenting on the case, and avoid contact with witnesses or related official files.
The court also added:
We are conscious that Arvind Kejriwal is an elected leader and the Chief Minister of Delhi, a post holding importance and influence. We have also referred to the allegations. While we do not give any direction, since we are doubtful whether the court can direct an elected leader to step down or not function as the Chief Minister or as a Minister, we leave it to Arvind Kejriwal to take a call.
The court has also referred the matter to a larger bench for consideration of three questions of law. The larger bench is to deliberate on whether the “need and necessity to arrest” can be separately contested under Section 19(1) of the Prevention of Money Laundering Act (PMLA), which grants the power to arrest, and whether this requirement encompasses both procedural compliance and substantive justifications specific to the circumstances of each case. If affirmed, the court must establish the parameters and pertinent facts that govern the evaluation of whether an arrest is warranted, balancing legal formalities with the personal grounds and reasons necessitating arrest under the PMLA.
Arvind Kejriwal was arrested by the Enforcement Directorate (ED) financial crimes investigative agency on March 22, 2024 concerning allegations of money laundering linked to the Delhi liquor policy scam. This policy, aimed at boosting revenue and combating alcohol counterfeiting, was revoked in August 2022 amid procedural criticisms. The ED accused Kejriwal and his other party members of money laundering, alleging that the policy favoured private sellers who allegedly provided financial benefits to party leaders in exchange for favourable treatment.
However, Kejriwal will not be leaving detention as he is under judicial custody in another case in the same alleged liquor policy scam by the Central Bureau of Investigation (CBI), a separate Indian government investigative agency.
