Jahanvi Agarwal
On 30th May 2024, the Supreme Court Registrar turned down Delhi Chief Minister Arvind Kejriwal’s application to extend his interim bail by a week in the Delhi Excise Policy case. Registrar (Judicial Listing) Pavanesh D, in an order dated May 28, 2024, noted that the Aam Aadmi Party (AAP) leader couldn’t seek an extension of interim relief while his main plea was still pending.
Referring to the Supreme Court Rules, 2013, Registrar Pavanesh D stated, “Order XV Rule 5 enables the Registrar to refuse a petition if it shows no reasonable cause or is frivolous.” He further explained, “When considering the Applicant’s request in this Application, I find no reasonable cause or grounds to entertain it.”
Kejriwal had requested the extension on medical grounds, citing the need for five to seven days to undergo tests after campaigning for the ongoing Lok Sabha elections. As a diabetes patient, he argued that this time was necessary to avoid potential long-term health damage.
However, the Registrar found the request ‘misconceived’ and ‘directly in conflict’ with the apex court’s order. He emphasized, “It is well settled that interim relief can only be sought in aid of the main relief. The relief sought is beyond the scope of the main appeal since the issue is about the validity of the Applicant’s arrest, not his release on bail.”
The Enforcement Directorate’s (ED) investigation into Kejriwal stems from a case filed by the Central Bureau of Investigation (CBI) in 2022, following a complaint by Delhi Lieutenant Governor VK Saxena. The complaint alleged a criminal conspiracy by AAP leaders, including Kejriwal and former Deputy Chief Minister Manish Sisodia, to create loopholes in the 2021-22 Delhi Excise Policy, favouring certain liquor sellers. Kejriwal was arrested by the ED on March 21, shortly after the first phase of the elections began.
On May 17, the Supreme Court reserved its verdict on Kejriwal’s plea against his arrest by the ED. Justices Sanjiv Khanna and Dipankar Datta had granted him interim bail until June 1 to allow him to campaign for the parliamentary elections. However, on 28th May 2024, a vacation bench of the Supreme Court declined to pass any direction regarding Kejriwal’s request for an extension of his interim bail.
On 30th May 2024, Kejriwal moved the Rouse Avenue Court seeking regular bail in the matter.
Case Name: Arvind Kejriwal v. Director of Enforcement
Dairy Number: 2493/2024
Bench: Justices Sanjiv Khanna and Dipankar Datta