Arvind Kejriwal to return to Tihar Jail on June 2

Delhi chief minister Arvind Kejriwal will return to Tihar Jail on June 2 as directed by the Supreme Court, after a Delhi court on Saturday fixed June 5 to deliver its order on his interim bail application in connection with the Delhi excise policy case.

Kejriwal has sought seven days’ bail on medical grounds. He has been sent in custody in the money laundering case related to the now-scrapped Delhi excise policy of 2021-22. The court, presided over by special judge Kaveri Baweja, scheduled the pronouncement of the order for June 5 despite opposition from Kejriwal’s legal team that wanted the order to be delivered on Saturday itself, given that the top court’s deadline for the CM to return to jail expires on June 2.

Kejriwal had approached the court for interim bail, citing severe health issues, including an aggressive form of diabetes and kidney complications that worsened during his judicial custody from April 1 to May 10. He claimed to have lost 6-7kg during this period and attributed the deterioration in his health to conditions in jail.

On May 10, the Supreme Court granted Kejriwal interim bail to campaign for the Lok Sabha elections, instructing him to surrender before the Tihar Jail superintendent on June 2.

During the proceedings on Saturday, the Enforcement Directorate (ED), represented by solicitor general Tushar Mehta and additional solicitor general (ASG) SV Raju, opposed Kejriwal’s bail request, arguing that the application was not maintainable before the trial court.

Mehta raised preliminary objections and said that the interim bail plea is not maintainable. He cited a press conference held by Kejriwal a day ago, saying that CM stated he would turn himself in tomorrow and omitted to mention that he was taking a chance by submitting the application for temporary bail. According to Mehta, Kejriwal was not giving up willingly. The SG further pointed out that Kejriwal continued to travel and campaign despite his claims about his poor health.

Supporting Mehta, ASG Raju argued that Kejriwal sought an extension of the interim bail granted by the Supreme Court, which the trial court lacks the authority to modify. He further alleged that Kejriwal suppressed the fact that he had sought an extension of interim bail from the Supreme Court, which was disposed of by the registry after rejecting his plea to list the application for hearing.

Raju emphasised that for bail to be granted, the accused must first be in custody, and he argued that the trial court must consider the rigorous conditions of Section 45 of the Prevention of Money Laundering Act (PMLA).

“There has to be an observation even for interim bail that he is prima facie not guilty of the offence. This court’s powers are not like high courts or the Supreme Court. This court cannot pass the order of the bail of the accused without dealing with Section 45,” Raju argued.

Senior advocate N Hariharan, representing Kejriwal, argued that the Supreme Court had granted liberty to file for bail in its May 17 order, and based on this, a regular bail application and an interim bail plea were filed. Hariharan maintained that the interim bail was necessary due to Kejriwal’s alarming medical condition and the need for carrying out medical tests.

“His high ketone levels are alarming and showing that there is something more alarming in his body. It is my medical condition that is bringing me here, it is not that I have no intention to surrender,” argued Hariharan, adding that the seven days’ time was sought to conduct certain tests prescribed by the doctors to be done in a sequence.

ASG Raju rebutted this, contending that Kejriwal’s medical conditions were not sudden and could have been addressed earlier. He accused Kejriwal of attempting to delay the judicial process by not conducting timely medical tests.

“Look at his conduct, he is travelling everywhere, he is campaigning strenuously then his health was not getting impacted…it was so because he was preparing a base…he wanted to cheat the court by delaying the tests and delaying the application,” said Raju.

The court, after hearing extensive arguments, reserved its order on the interim bail plea. Kejriwal’s regular bail application will be heard on June 7, with the court awaiting a response from ED.

This will be Kejriwal’s first regular bail application since his arrest by ED on March 21. Previous attempts to challenge his arrest and remand were dismissed by both the trial court and the Delhi high court, with the Supreme Court reserving its order on the matter on May 17.

The 55-year-old AAP leader was arrested by ED following the Delhi high court’s denial of his request for interim protection from arrest. The arrest is a significant development in the ongoing conflict between the Union government and the AAP.

ED has accused Kejriwal of being involved in a conspiracy in which a ₹100-crore bribe was allegedly paid to the AAP by the South Group – a lobby of liquor dealers from the southern states that benefited from changes to the 2021-22 excise policy. Kejriwal has denied the charges.

The policy aimed to overhaul Delhi’s liquor business but was scrapped following allegations of irregularities and replaced by the 2020-21 regime.