Arvind Kejriwal, who was lodged in Tihar jail in connection with Delhi Excise policy ‘scam’ case, was released on interim bail on Friday, May 10. The Supreme Court had granted him bail till June 1, allowing him to campaign for the Lok Sabha Elections 2024.
Why is Amritpal Singh’s case being discussed amid Kejriwal’s bail?
Amritpal Singh is contesting Lok Sabha polls from the Khadoor Sahib constituency of Punjab. He has already his nomination.
Singh’s lawyer RS Bains had informed earlier that the Sikh preacher had petitioned to either get one week’s parole to complete the formalities for Lok Sabha elections or to allow him to complete them from within jail. “The Punjab government has agreed to let him complete them from inside the jail,” the lawyer had said.
Now, after the verdict, several questions were raised on whether jailed Khalistani leader Amritpal Singh could also seek bail on elections grounds.
During the Supreme Court hearing on Friday, Solicitor General of India (SG) Tushar Mehta raised concerns over Amritpal Singh approaching a high court for bail, while objecting to granting interim bail to Kejriwal.
However, the Supreme Court dismissed this argument, saying that is not applicable at all and that they are different cases. The court told the SG that there is not “simple, straightjacket” formula in such a case, Live Law and Bar and Bench had reported.
Why can’t Kejriwal’s case be compared with that of Amritpal Singh?
The answer is simple and lies in the nature of the allegations and charges against the two.
Amritpal Singh is a pro-Khalistani separatist leader who has been charged under the stringent National Security Act (NSA). This Act can be invoked when a person poses a threat to national security. Singh is currently lodged in Assam jail. Read more about his arrest here
The government had last month extended the NSA against the separatist leader and his nine associates. Singh was arrested in 2023 after hundreds of his supporters stormed the Ajnala police station in Punjab with swords and guns to demand the release of a jailed aide.
Besides the NSA charges, there are over 10 cases pending against Singh. According to the Hindustan Times, Amritpal was earlier booked for criminal intimidation, kidnapping, promoting enmity between different groups on the grounds of religion, rash driving, extortion and unlawful assembly among other charges. Singh has not been convicted in the case yet.
Now taking Kejriwal’s case – the chief minister was arrested in connection with the Prevention of Money Laundering Act, 2002. The Supreme Court didn’t see Kejriwal as a “threat to the society” since he didn’t have any criminal antecedents, was not convicted in any case and is the leader of a national political party and even the chief minister . The court also noted that Lok Sabha elections are the “most significant” event of this year.
While granting him bail, the Supreme Court observed that Kejriwal “is not a threat to the society” though “serious accusations have been made”. The court also noted that Kejriwal is the Chief Minister of Delhi and a leader of one of the national parties.
The Supreme Court also called the Lok Sabha elections an “intervening factor” that “prompted us [Supreme Court] to consider and pass the present order”, Live Law reported.
Apart from Kejriwal and Singh, former Delhi minister Manish Sisodia had earlier moved a court in Delhi, seeking interim bail to campaign for the Lok Sabha polls. The Delhi court had then sought responses from the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) Sisodia’s plea.
What lawyers said?
1. ‘Cases of Kejriwal and Singh can’t be compared because…’
Supreme Court Advocate Nipun Saxena said cases against Kejriwal and Singh stem from different factors.
“In one case, there are provisions of the Unlawful Activity Prevention Act involved [Kejriwal], then you are deeming somebody a terrorist [Amritpal Singh] – that fends on a far different footing than money laundering allegations,” Saxena told Mint.
He explained further, “We cannot compare the two cases because in Amritpal’s case, the allegations are far graver and serious, and he has been charged under the NSA Act. Furthermore, he has over 10 cases pending against him and his 33 supporters under 307, 149 of IPC. Kejriwal’s case stands on a different footing because he does not have any prior criminal antecedents against him.”
In Manish Sisodia’s case, the advocate said though both Kejriwal and Manish Sisodia face money-laundering cases, the nature of the evidence and allegations – as levelled by the Enforcement Directorate ( ED) – against the two individuals are very different.
“Prima facie, the allegations are far more serious in the case of Manish Sisodia than in Kejriwal…the nature of the evidence is also something that the court will go through,” Saxena said.
2. Timing of Lok Sabha Elections
Saxena said in Kejriwal’s case, the timing of the elections is the most compelling reason to grant bail. Delhi is only 15 days away from Lok Sabha elections.
The Supreme Court had also said in its interim order, “It is no gain saying that General Elections to Lok Sabha is the most significant and an important event this year, as it should be in a national election year…General Elections supply the vis viva to a democracy.”
“While examining the question of grant of interim bail/release, the courts always take into consideration the peculiarities associated with the person in question and the surrounding circumstances. In fact, to ignore the same would be iniquitous and wrong,” the Supreme Court had said.
Can Kejriwal’s interim bail be precedence for similar case related to Amritpal or jailed political leaders?
The advocate said Kejriwal’s case can set a precedence for other political leaders in jail who would seek interim bail for elections. However, bail is granted on case-to-case basis.
This means, if Amritpal Singh seeks interim bail to contest elections, he might not get one because of the number of the cases and seriousness of the cases filed against him. In case, a jailed political leader seeks bail for elections, the court might look into his criminal records, evidence and charges against him before delivering any verdict.
In Kejriwal’s case too, the Supreme Court passed an interim order and said, “it is not possible for us to either conclude the arguments or finally pronounce the judgment.”
“While the court says it is not expressing any opinion on the merits of the case, the principles of grant of bail would still apply to other cases, more so in matters concerning politicians,” Saxena said.
Saxena’s statement was in line with the Supreme Court’s order on Kejriwal’s interim bail, stating that, “The grant of interim bail will not be treated as an expression of opinion on the merits of the case or the criminal appeal which is pending consideration before us.”
Kejriwal’s bail verdict ‘sets dangerous precedent’?
Supreme Court advocate Jai Anant Dehadrai told news agency ANI on Saturday that the verdict “would set a dangerous precedent”.
He expressed concern over the Supreme Court’s verdict and said that even Amritpal Singh can now move court citing the Kejriwal precedent, saying he wants “to contest the elections”.
“I respectfully disagree with the reasoning and the rationale behind the Supreme Court’s decision to grant interim bail to Arvind Kejriwal. In the eyes of the law, it really doesn’t matter whether you’re a CM, Union Minister or any other person. You’re just (like) any other person before the court, and this particular person (Kejriwal) had been served 9 summons, and he had been evading these summons,” Dehadrai was quoted as saying.
Unlock a world of Benefits! From insightful newsletters to real-time stock tracking, breaking news and a personalized newsfeed – it’s all here, just a click away! Login Now!
Download The Mint News App to get Daily Market Updates & Live Business News.
More
Less
Published: 12 May 2024, 05:54 AM IST