Case Note & Summary
The Supreme Court granted interim bail to Arvind Kejriwal, the Chief Minister of Delhi, who was arrested by the Directorate of Enforcement (DoE) on 21 March 2024 in connection with a money laundering case under the Prevention of Money Laundering Act, 2002 (PMLA). The arrest stemmed from ECIR No. HIU-II/14/2022 registered on 22 August 2022, based on predicate offences investigated by the CBI. The trial court and Delhi High Court had upheld the arrest, and Kejriwal appealed to the Supreme Court challenging the legality of the arrest under Section 19 PMLA. While the appeal was pending, the 18th Lok Sabha General Elections were underway, and the Court considered the significance of elections in a democracy. The Court noted that Kejriwal had no criminal antecedents, was not a threat to society, and the investigation had been pending since August 2022. Although he had failed to appear despite nine summons, the Court found that a holistic and libertarian view was justified given the pending challenge to the arrest and the ongoing elections. The Court rejected the prosecution's argument that granting interim bail would give politicians a special status, emphasizing that courts consider peculiarities of each case. The Court directed Kejriwal's release on interim bail until 1 June 2024, with surrender on 2 June 2024, subject to conditions including not making public comments about the case. The final judgment on the appeal was reserved.
Headnote
A) Criminal Law - Interim Bail - Power to Grant - The court has inherent power to grant interim bail even when regular bail is not justified, especially under compelling circumstances such as general elections, relying on Article 21 of the Constitution. (Paras 10-14) B) Prevention of Money Laundering Act, 2002 - Section 19 - Arrest - Validity Under Challenge - The legality of arrest under Section 19 PMLA was under consideration; interim bail granted pending final decision on the appeal. (Paras 2-3, 15) C) Constitutional Law - Right to Vote - Election Importance - General elections are vital for democracy; grant of interim bail to a political leader during elections does not amount to special privilege but considers peculiarities of the case. (Paras 7-8, 17) D) Criminal Procedure - Interim Bail - Conditions - The appellant was directed to surrender on 2nd June 2024 and not to make any public comments or interact with media regarding the case. (Para 18)
Issue of Consideration
Whether interim bail/release should be granted to the appellant pending final adjudication of the appeal challenging his arrest under Section 19 of the Prevention of Money Laundering Act, 2002, particularly in view of the ongoing 18th Lok Sabha General Elections.
Final Decision
The Supreme Court directed that the appellant be released on interim bail in connection with ECIR No. HIU-II/14/2022 till 1st June 2024, with surrender on 2nd June 2024, subject to conditions including not making any public comments about the case.
Law Points
- Interim bail
- power to grant interim bail
- PMLA Section 19
- Article 21
- right to vote
- election importance
- temporary release
- parole
- fundamental rights
- political participation
