Chief Minister Arvind Kejriwal.
Credit: PTI File Photo
The Supreme Court on Friday ordered the release of Delhi Chief Minister Arvind Kejriwal on interim bail as it referred to the questions arising out of his arrest in a money laundering case, for consideration before a larger bench.
Kejriwal, however, would remain in jail in view of his arrest by the CBI on June 26 in a separate case in connection with the same liquor policy 'scam'.
A bench of Justices Sanjiv Khanna and Dipankar Datta pronounced the order on a petition filed by Kejriwal challenging validity of his arrest by the ED on March 21 and subsequent remand by the special court.
"We are referring the matter to the larger bench...We direct him to be released on interim bail. Larger bench can decide all the questions in the case," Justice Khanna said, reading out excerpts of the judgment.
The court said mere interrogation of an accused does not allow the agency to arrest the accused under the provisions of the Prevention of Money Laundering Act.
The court also said the question of his regular bail can be considered in the meantime.
The bench said in case of elected leaders like Kejriwal, the court can't direct them to step down from the constitutional post as it was for them to take a call on it.
The court also touched upon the issue of election funding in the judgment as the ED alleged Kejriwal received money from the South Lobby for Goa elections.
The details of the judgment would be uploaded on the SC's website.
Kejriwal was aggrieved with the Delhi High Court's April 9 order which dismissed his plea against arrest and remand in the case.
In the case, the ED claimed that there was a direct evidence of Kejriwal demanding Rs 100 crore as kickbacks in the case.
Justifying Kejriwal's arrest in the case, the ED had told the court that he was the mastermind and main conspirator in the case.