SUPREME COURT GRANTS INTERIM BAIL TO ARVIND KEJRIWAL IN PMLA CASE, REFERS PLEA CHALLENGING ED ARREST TO LARGER BENCH

The Supreme Court in the case Arvind Kejriwal v. Directorate of Enforcement observed and has granted interim bail to Delhi Chief Minister Arvind Kejriwal in the case registered by under the Prevention of Money Laundering Act, PMLA over the liquor policy case, while referring to the petition filed challenging the arrest by the Enforcement Directorate, ED to a larger bench.

The bench comprising of Justice Sanjiv Khanna and Justice Dipankar Datta referred the petition of Arvind Kejriwal to a larger bench to examine the question as to whether the need or necessity of arrest must be read as a condition into Section 19 of the Prevention of Money Laundering Act, PMLA. The court stated that Arvind Kejriwal will remain in custody since he was arrested by the CBI under the Prevention of Corruption Act in relation to the same liquor policy case on June 25, 2024. The bench headed by Justice Khanna held that the reasons to believe, for arrest meet with the parameters of Section 19 of the Prevention of Money Laundering Act, PMLA, which gives the power of arrest to ED officers. ‘However, having said so, this court has raised an additional ground which relates to the need and necessity of arrest...we felt that this issue whether the ground of need and necessity of arrest must be read into Section 19, especially in view of the doctrine of proportionality. We have referred those questions to the larger bench.’

Adding to it, the bench of Justice Khanna stated that, we have also held that mere interrogation does not allow you to arrest. That is not a ground under Section 19.

The court in the case granted Interim bail. The court leaves it to Arvind Kejriwal to take a call on stepping down as CM