The Supreme Court on Tuesday told Delhi Chief Minister that he cannot perform his official duties if given interim bail as it heard the arguments for Arvind Kejriwal's plea against his arrest in the excise policy-linked money laundering case by the ED.
The top court has deferred the order and the matter is expected to be listed for tomorrow.
The SC questioned Enforcement Directorate about the delay in the probe why relevant direct questions were not put to witnesses and accused.
A bench of Justices Sanjiv Khanna and Dipankar Datta heard arguments on Kejriwal's plea challenging his arrest by the ED in the case.
The SC bench sought Delhi excise policy scam case files from Enforcement Directorate before arrest of CM Arvind Kejriwal.
The top court while hearing ED's statements regarding the case, said that this is "an extraordinary situation" and they "Will hear arguments on interim bail to Arvind Kejriwal as he is elected leader, needs to campaign for LS polls".
Supreme Court Hearing: What Has ED Said?
The bench was given a note by Additional Solicitor General SV Raju, appearing for the ED, in which he rejected Kejriwal's claim that the probe agency withheld the statements of approvers.
Raju told the SC bench that "Initially Arvind Kejriwal was not focus of investigation in Delhi excise policy scam case, his role became clear at later stage."
They also informed the bench that "Arvind Kejriwal stayed in 7-star hotel during 2022 Goa polls, part of bills paid by Delhi govt's general administration dept."
When SC bench said, "It is an extraordinary situation as Arvind Kejriwal is CM, need to consider his interim bail", the ED urged the top court to not create 'separate class for politicians'.
The ED stated that they would not have arrested Arvind Kejriwal if he had cooperated in investigation and not evaded nine summons.
Further ED alleged that a narrative is being built successfully that Delhi CM Arvind Kejriwal has not done anything but was arrested just before polls.
Supreme Court Hearing: What Did Arvind Kejriwal Say?
Delhi CM Arvind Kejriwal told SC that he will not deal with any excise policy scam related files, if is granted interim bail today.
Kejriwal also stated, "Won't sign files but Delhi LG should not reject decisions just because files not signed by me."
'You Can't Perform Duties If Given Interim Bail': SC To Arvind Kejriwal
The Supreme Court bench told Delhi CM Arvind Kejriwal, "We don't want you to be performing official duties if you are granted interim bail."
The bench added, "If you perform official duties, then it will be conflict of interest and we don't want that."
Arvind Kejriwal's Arrest And Allegations So Far
Kejriwal was arrested on March 21 and is currently lodged in Tihar Jail under judicial custody.
The top court had issued a notice to the ED on April 15 and sought its response to Kejriwal's plea against his arrest.
On April 9, the Delhi High Court had upheld Kejriwal's arrest, saying there was no illegality and the ED was left with "little option" after he skipped repeated summonses and refused to join the investigation.
The case relates to alleged corruption and money laundering in the formulation and execution of the Delhi government's now-scrapped excise policy for 2021-22.
