In a setback to the Aam Aadmi Party (AAP) and its national convener Arvind Kejriwal, the Supreme Court on Tuesday deferred its order on the interim bail plea following his arrest by the Enforcement Directorate (ED) in connection with a money laundering case linked to Delhi’s excise policy case.

A division bench of Justices Sanjiv Khanna and Dipanka Datta presided over the hearing on a plea to decide whether Kejriwal, who has been in custody during the Lok Sabha elections, would be permitted to campaign in the remaining phase.

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“Tentatively, we will see if that matter finishes. We will give you a date for the day after tomorrow. If it’s not possible, we will keep it sometime next week. Next week is going to be very difficult,” the bench observed, as quoted by Live Law.

Kejriwal remains in judicial custody since his arrest by the ED on March 21 in connection with the Delhi excise policy case.

During the hearing, the Supreme Court told Kejriwal’s lawyer that granting interim bail to the Chief Minister would not entail him performing official duties, as it might lead to conflicts. The court pointed if it weren’t for the ongoing elections, it wouldn’t consider interim relief, stating “We do not want interference at all in the working of the government.”

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Highlighting Kejriwal’s status as the elected Chief Minister of Delhi, the court acknowledged the extraordinary circumstances due to the ongoing Lok Sabha elections.

Solicitor General Tushar Mehta, representing the ED, objected to the top court’s consideration of interim bail for Kejriwal. He questioned the precedence being set, asking,”What example are we setting? Are other people less important than the Chief Minister?”

Mehta stressed that there should be no special treatment for politicians, stating, “How can a Chief Minister be treated differently than an ‘Aam Aadmi.’ There can’t be any deviation only because he is a Chief Minister….”

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He argued that Kejriwal had evaded summons for six months and warned against making exceptions that might demotivate a common man.

Kejriwal’s custody extended till May 20

Meanwhile, a Delhi court extended Kejriwal’s custody until May 20. Special Judge Kaveri Baweja issued the order following the conclusion of his judicial custody in the ED case. Kejriwal, the Aam Aadmi Party (AAP) leader, appeared before the court via video conference, where the special judge of ED and CBI issued the order on the expiartion of his custody.

On May 3, the top court hinted at the possibility of granting him interim bail due to the ongoing Lok Sabha elections. The court acknowledged that the arguments regarding Kejriwal’s plea against his arrest might extend, thus considering hearing the probe agency on the matter of interim bail, particularly in light of the upcoming elections in Delhi, set to take place on May 25.

Earlier on April 15, the Supreme court had issued a notice to the Enforcement Directorate (ED) on April 15, seeking its response to Kejriwal’s plea against his arrest.

On April 9, the Delhi High Court dismissed Kejriwal’s plea against the ED’s arrest, stating that the agency possessed enough evidence for the arrest.

Challenging the High Court’s ruling on April 9, Kejriwal questioned the timing of his arrest under the Prevention of Money Laundering Act (PMLA), claiming that his arrest was “obviously motivated by extraneous considerations”, he said it “was made solely relying on subsequent, contradictory, and highly belated statements of co-accused who have now turned approvers”.

The case pertains to alleged corruption and money laundering in the formulation and execution of the Delhi government’s now-repealed excise policy for 2021-22.