Arvind Kejriwal Bail: Amritpal Singh now asking for bail to contest election, SG Tushar Mehta tells SC

Solicitor General of India (SG) Tushar Mehta on May 10 objected to Delhi Chief Minister (CM) Arvind Kejriwal being given an interim bail to campaign for the Lok Sabha elections, telling the court that such an order might set a wrong precedent.

The SG told the court that radical separatist Amritpal Singh has now sought a bail from the Punjab and Haryana High Court to contest in the election. He urged the court not to pass such an order. 'There is no precedent available to assist the court in such a case," SG Mehta to told the court.

Responding to this, a bench of justices Sanjiv Khanna and Dipankar Datta, asked the SG not to draw parallels in such cases. The court further told the SG that there is not straightjacket formula in such a case. Thus the apex court proceeded to grant an interim bail to Arvind Kejriwal  till June 1 for election campaigning.

Amrit Pal Singh, a separatist, who has been detained since April 23, 2023, under the strict National Security Act (NSA), is said to be running as an independent candidate for Punjab's Khadoor Sahib Lok Sabha in the 18th Lok Sabha Elections. Singh is currently in jail in Assam in the custody of the National Security Agency (NSA).

Also read: Who is separatist Sikh preacher Amritpal Singh, dubbed Bhindranwale 2.0?

According to media reports, Singh, the chief of Waris Punjab De (WPD),  has petitioned the Punjab and Haryana High Court for a temporary release of seven days to file his nomination for the Lok Sabha Election 2024 from the Sri Khadoor Sahib Constituency.

On May 9, the Enforcement Directorate (ED) filed an affidavit vehemently contending that Kejriwal should not be granted bail to campaign for Lok Sabha elections.

"No politician has been ever been granted an interim bail just for campaigning, especially when they are not contesting elections, it said. The court has even refused bail to those contesting elections," the affidavit said.

According to the ED, it is not possible to hold the work of a small farmer or a small trader at a higher pedestal than Kejriwal's profession on account of equality. Hence, it would not be appropriate to grant him interim bail especially when he is not contesting the elections, the probing agency argued.

The Aam Aadmi Party (AAP) leader was arrested by the Enforcement Directorate on March 21. Some of his senior party colleagues, including the Manish Sisodia, who had  to step down as the deputy chief minister, have been arrested in the case.

The apex court is now expected to hear the main plea challenging the validity of Arvind Kejriwal's arrest in the coming week.