Supreme Court on Friday observed it was conscious of the fact that Delhi Chief Minister Arvind Kejriwal was an elected leader and had suffered incarceration for 90 days while directing his release on interim bail.
However, the Delhi Chief Minister is unlikely to be out of jail soon since the Central Bureau of Investigation has also arrested him in the same case.
The bench comprising Justices Sanjiv Khanna and Dipankar Dutta referred the jailed leader’s plea to a larger bench since certain legal questions arose during arguments. The top court observed that since the matter was referred to a larger bench it was releasing Kejriwal on interim bail “given the fact that the right to life and liberty is sacrosanct…”.
The top court’s ruling came on Kejriwal’s plea challenging his Enforcement Directorate arrest on money laundering charges in the Delhi Liquor Policy Scam case.
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Also Read: Arvind Kejriwal Situation Peculiar, SC On Granting Interim Bail
Need and Necessity for arrest under PMLA to be examined by larger bench
Supreme Court observed that the Arvind Kejriwal case has raised legal questions that need examination by a larger bench. The court has questioned Section 19 of the Prevention of Money Laundering Act which allows Enforcement Directorate officers to arrest individuals if there is a “reason to believe” he is guilty “on the basis of material in possession”.
Prima facie the mere ‘need to interrogate’ a person does not mean there is a ‘necessity to arrest’ the said person, the court observed. “Mere interrogation does not allow for arrest,” the Supreme Court said.
Whether the issue of need and necessity of arrest be read into Section 19, PMLA, SC asked especially in the view of Doctrine of Proportionality.
The top court also explained the difference between Section 19 and 45 of the PMLA in its order. Section 19 is the “subjective opinion” of an ED official, whereas Section 45 is an exercise undertaken by the court to come to a finding whether the person is guilty or is likely to commit an offence, the bench said while reading out the relevant portion of the judgment.
“So, the power of the Court is different from the power of the officer,” the Court clarified.
“We have also referred to the data… very few arrests are being made. So, what is the policy of arrest, and what is the basis for which need and necessity of arrest takes place? This is the issue that we have referred to the larger bench,” the Court said.
This is the second time Delhi CM Arvind Kejriwal has been granted interim bail. The Supreme Court on May 10 granted Kejriwal interim bail considering the nation was in the throes of the 2024 Lok Sabha Elections. The top court had observed that Kejriwal’s situation was “peculiar” considering he was an elected leader.
Kejriwal returned to Tihar Jail on June 1 after his two-week bail period was over.