Arvind Kejriwal Arrest: June 2 is here and that is when Arvind Kejriwal, the Chief Minister of Delhi and leader of the Aam Aadmi Party (AAP), is all set to return to Tihar Jail. Delhi CM was denied immediate relief on his interim bail plea by a Delhi court. Although, the court has postponed its decision on the plea until June 5.
June 2 – Eventful Day Ahead
In a press conference, Mr. Kejriwal said, “The day after tomorrow, I will leave my house (on June 2) around 3 pm to surrender. We are fighting against tyranny, and if I have to sacrifice my life for the country, do not mourn.”
ED Arrested Delhi CM On March 21
Kejriwal was arrested by the Enforcement Directorate (ED) on March 21 in connection with the Delhi excise policy case.
Kejriwal Was Granted Temporary Bail On May 10
He was granted temporary bail by the Supreme Court on May 10, which lasted until June 1, allowing him to campaign for the elections. He was instructed to surrender on June 2.
SC Declines Kejriwal’s Extension Request
The Supreme Court declined to list Delhi CM’s plea for an extension of the interim bail on May 28, stating that “no reasonable cause or grounds” were presented to entertain his application. The Supreme Court had previously suggested that Kejriwal could apply for bail while reserving its order on his petition challenging his arrest by the ED.
Plea To Rouse Avenue Court
Kejriwal submitted two pleas to the Rouse Avenue Court: one for a seven-day interim bail to undergo medical tests, and another for regular bail in the money laundering case filed by the ED. Delhi’s Rouse Avenue Court has reserved its verdict on the request.
Kejriwal filed interim bail plea on medical grounds. He cited fluctuating sugar levels and increased ketone levels, which could indicate diabetic ketoacidosis, a potentially fatal complication. Various tests, including a PET scan, LFT, KFT, CBC, and Holter test, needed to be conducted, which could take up to a week.
ED Attacks Kejriwal Over Plea Request
The ED argued in court on Saturday that Kejriwal’s interim bail plea was not maintainable as he was already out on bail. Additional Solicitor General S V Raju and Solicitor General Tushar Mehta stated that Kejriwal must surrender and return to Tihar Jail before his interim bail plea could be considered.
The ED’s lawyers argued that the trial court does not have the inherent power to release a person without adhering to the strict sections of the Prevention of Money Laundering Act (PMLA), which state that bail can only be granted if a prima facie case against the accused is not established.
The ED opposed Kejriwal’s plea, stating that he was seeking an extension of the interim bail granted by the Supreme Court and that only a person in custody could seek bail. It was also argued that it was the responsibility of a higher court, not the trial court, to release a person without complying with section 45 of the PMLA.
ED Questions Bail Plea Based On ‘Medical Reasons’
The ED also claimed that Kejriwal’s medical tests would only take a few hours, not several days, and that the prison authorities could look after him in jail. They suggested that the increase in Kejriwal’s ketone levels could be due to a urinary tract infection (UTI).
They also questioned why Kejriwal did not visit the doctor earlier after being released from jail and accused him of trying to extend his interim bail by delaying the process. They pointed out that Kejriwal had been campaigning after being granted interim bail.
The court has decided to reserve its decision on the interim bail plea until June 5.