The Supreme Court on Friday granted interim bail to Delhi Chief Minister Arvind Kejriwal in a money laundering case lodged by the ED in the alleged excise policy scam but he will remain in jail as the CBI had later arrested him in a related matter.
The top court said it is up to Kejriwal to decide if he should continue as chief minister.
“We are conscious of the fact that Arvind Kejriwal is an elected leader,” a bench of Justices Sanjiv Khanna and Dipankar Datta said while also noting that Kejriwal has suffered incarceration for over 90 days.
It also referred the questions pertaining to legality of his arrest in the (ED) case to a larger bench.
The court said since the matter is concerned with the right to life and the issue of arrest has been referred to a larger bench, Kejriwal be released on interim bail.
The top court framed three questions related to power, necessity of arrest under section 19 of the Prevention of Money Laundering Act and policy of arrest by the ED.