The Supreme Court on Friday told the Enforcement Directorate that it may consider the question of interim bail for Delhi Chief Minister Arvind Kejriwal due to the Lok Sabha elections. The apex court was hearing a plea by Kejriwal challenging his arrest by the ED in a money laundering case stemming from the alleged Delhi excise policy scam.
A bench comprising Justices Sanjiv Khanna and Dipankar Datta told the additional solicitor general S V Raju, representing the ED, to be prepared to argue on this question on Tuesday, and also asked whether Kejriwal should be signing official files. Raju replied that this statement from the apex court may be blown out of proportion and cited statements made by AAP leader Sanjay Singh after his release from jail. Justice Khanna said that because of elections the court will hear Kejriwal’s plea for interim bail and added, “let us be very clear on that”.
Raju submitted that he will oppose the bail to Kejriwal and pointed out that to the statements made by Aam Aadmi Party (AAP) leader Sanjay Singh after getting bail last month in the case. “Just, look at the kind of statements he is making,” he said.
The bench said it is putting the agency on notice about the court’s intention, so that it is not taken by surprise on May 7, when the interim bail issue will be dealt.
“We are not commenting on it either way. We are just saying we will hear on interim bail and not saying we will grant interim bail. We may or may not grant interim bail,” the bench said.
It also told senior advocate Abhishek Singhvi, appearing for Kejriwal, “Just one thing more. Please also take instructions. Because of the position he holds, whether he should be signing official files?” During the hearing, Singhvi informed the bench that on March 16 the elections were announced and on March 21, Kejriwal was arrested by the ED on the basis of statements and materials which were available with the agency since last July.
The bench asked Singhvi when are the elections scheduled in Delhi to which he replied that on May 23 the campaigning will come to an end in the national capital and on May 25 the polling will be held.The top court was also critical of Singhvi’s arguments that AAP being a political party will not be covered under section 70 of the Prevention of Money Laundering Act (PMLA), which deals with offences by companies.
“Anything done by a political party cannot be attributed to its President, Convenor or General Secretary, else it will be a case of vicarious liability. A political party is out of the section 70 of the PMLA,” he submitted, adding that the provision only deals with companies.
The senior lawyer further said that a political party is not a partnership, private corporate firm or a society but an entity which is registered under the Representation of the People Act.
The bench said, “It is difficult to accept your arguments. AAP is a juristic person and cannot be arrested. It can be impleaded as accused. Person in-charge can be prosecuted along with the juristic person under section 70 of the PMLA. Will the society not be covered under section 70. Anyways, we have noted your arguments and will deal with it.”
Singhvi said that there is no direct evidence of Kejriwal receiving kickback and if at all he has, then the case will fall under the Prevention of Corruption Act and not the PMLA.
He added that all the materials the ED has, were covered in the bail case of former Deputy Chief Minister Manish Sisodia and the court has said that no case is made out based on them. The top court also posed several queries to ED including on why nine exculpatory statements of witnesses were not mentioned in the ground of arrest of Kejriwal and why only inculpatory statements were mentioned.
