Delhi Chief Minister granted interim bail in money laundering case until June 1, 2024

The SC granted interim bail to the Chief Minister of Delhi, arrested by the Directorate of Enforcement under the Prevention of Money Laundering Act, 2002. Despite the petitioner's failure to appear for nine notices/summons since October 2023, the Court considered his position as Chief Minister and national party leader, absence of criminal antecedents, and that he posed no societal threat. The Court noted the investigation's pendency since August 2022, the challenged legality of arrest, and ongoing 18th Lok Sabha elections. Interim bail was granted until June 1, 2024, with surrender required on June 2, 2024.

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Issues involved: Challenge to order upholding arrest by Directorate of Enforcement, scope and violation of Section 19 of Prevention of Money Laundering Act, 2002, consideration of grant of interim bail/release, legality and validity of arrest, impact of ongoing General Elections.

Judgment Summary:

Challenge to Arrest Order: Arvind Kejriwal challenged the order upholding his arrest by the Directorate of Enforcement (DoE) on 21.03.2024 by the trial court and High Court of Delhi.

Scope of Section 19 Violation: Legal pleas raised include the scope and violation of Section 19 of the Prevention of Money Laundering Act, 2002. The court heard arguments from both sides, with the hearing ongoing.

Consideration of Interim Bail/Release: Due to the prolonged proceedings, the court considered the question of granting interim bail/release in a hearing on 03.05.2024. Various legal issues and contentions are under examination before the court.

Legality of Arrest: DoE registered ECIR No. HIU-II/14/2022 on 22.08.2022 based on predicate offenses by CBI. Investigation led to multiple prosecution complaints and chargesheets, but charges were not framed. The legality and validity of the arrest were challenged before the court.

Impact of General Elections: The ongoing 18th Lok Sabha General Elections were a significant factor prompting the court to consider and pass an order. The court refrained from directing Kejriwal to seek interim bail/release due to the legal issues being examined and the election context.

Grant of Interim Bail: Considering various factors, including Kejriwal's position as Chief Minister of Delhi and leader of a national party, lack of criminal antecedents, and pending investigation since 2022, the court granted interim bail till 1st June 2024 with specific terms and conditions.

Precedents and Legal Principles: The court referred to various case laws on the power to grant interim bail/release, emphasizing the importance of individual circumstances and the need for a holistic view in such decisions.

Final Note: The grant of interim bail was not indicative of the case's merits, and the court set specific terms and conditions for Kejriwal's release until 1st June 2024, after which he was to surrender.

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