Delhi Excise Policy case: SC says it may hear arguments on interim bail to Kejriwal on May 7

New Delhi: The Supreme Court on Friday said that it may consider hearing on May 7 arguments on the interim bail of Delhi Chief Minister Arvind Kejriwal because of the ongoing 2024 general elections.

A bench of Justices Sanjiv Khanna and Dipankar Datta said that arguments on Kejriwal's plea against arrest by the Enforcement Directorate (ED) and his subsequent remand in the excise policy case, may take some time, so it may hear arguments on the question of interim bail Kejriwal on Tuesday.

"We will post it on Tuesday morning itself. Mr Raju (Additional Solicitor General SV Raju representing ED) one more thing. If it is going to take time, it does appear it may take time, we may then consider the question of interim bail, because of the elections. We may hear on that part because of elections," the bench said at the end of the hearing.

However, the bench also made it clear that it had not decided anything finally and that it was only informing all counsel that such a form of interim relief may be considered if the hearing is unlikely to conclude soon.

"We are not saying anything (on whether bail will be granted or not), we would like to consider grant of interim bail because of elections.... We may or may not grant. We are going to hear you. We must be open to you because neither side should be taken by surprise," the bench said to ASG Raju and senior advocate Abhishek Manu Singhvi appearing for Kejriwal.

"One thing more. Please also take instructions. Because of the position he (Kejriwal) holds, whether he should be signing official files," Justice Khanna told ASG.

During the hearing, the bench also asked about the dates of elections in Delhi.

Aam Aadmi Party (AAP) leader Kejriwal had challenged a Delhi High Court judgment that dismissed his plea against arrest by the ED and his subsequent remand in the excise policy case.

Kejriwal, while filing an appeal in the apex court had contended that his arrest after the announcement of the General Elections was "motivated by extraneous considerations".

On April 9, the High Court dismissed his plea for release from jail and rejected his argument of political vendetta amid the looming Lok Sabha elections.

The High Court had said that Kejriwal's absence from nine ED summons over six months undermined any claims of special privilege as Chief Minister, suggesting his arrest was an inevitable consequence of his non-cooperation.

Kejriwal was arrested by the ED on March 21 in connection with a money laundering probe relating to alleged irregularities in the now-canceled Delhi excise policy 2021-22.