Don’t see why Kejriwal can’t attend office when he can campaign: Kapil Sibal

Kapil Sibal on Kejriwal's bail

Senior Advocate and Rajya Sabha MP Kapil Sibal told Moneycontrol that he does not understand why the Supreme Court said Delhi Chief Minister (CM) Arvind Kejriwal cannot sign official files or visit his office, while releasing him on interim bail so he could campaign for the Lok Sabha elections.

“I don't think there is a correlation between Kejriwal’s right to canvass (for votes) and being prevented from conducting his duties as  CM. I don't understand the logic of it, but it's something the court has done and we have to respect it. SC is the highest court of the country,” he said.

On May 10, the apex court granted interim bail to Kejriwal till June 1. However, the court directed him not to visit the CM’s office and the secretariat. Furthermore, Kejriwal has also been asked not to sign official files unless it is required  for obtaining  clearance from the Lieutenant Governor of Delhi.

Kejriwal was arrested on March 21 by the Enforcement Directorate (ED) in connection with the liquor policy case.

SC right in granting bail 

“There are many cases where the conviction has been stayed and the person has fought the elections. If you remember the case of Rahul Gandhi, the Supreme Court stayed his conviction of three years (in a defamation case), and he fought the elections,” Sibal explained.

The Senior Advocate remarked that when the law permits a convicted person (or an undertrial?) to contest an election, why can't a person participate in the electoral process when he has not been convicted?

Per the Representation of the People Act, 1951, anyone convicted and sentenced to imprisonment for not less than two years is disqualified from contesting polls. However, when such a conviction is stayed, the ban gets lifted automatically. A stay of a conviction would mean that a higher court has expressed apprehension about the correctness of the order. There have been instances, however,  where the stay has been lifted if the court has been convinced of the correctness of the order after hearing the matter subsequently.

In March 2023, a  Gujarat court convicted Congress leader and Wayanad MP Rahul Gandhi in a defamation case, as a result of which he was disqualified from the Lok Sabha. However, the apex court stayed his conviction in August 2023, and he is now contesting the elections from Wayanad and Rae Bareli.

Sibal also cited the case of BJP MP and former Wrestling Federation of India President Brij Bhushan Sharan Singh campaigning for his son Karan Singh at Kaiserganj in Uttar Pradesh, despite being charge sheeted in a sexual harassment case.

“So, a person who is charge sheeted can canvas for votes, a person who is convicted (but has obtained a stay of conviction) can contest elections, but  a person against whom there are allegations cannot participate in the electoral process? Does it make sense?” he asked.

No case against Kejriwal

Sibal feels, “There is no case against Kejriwal. The case relies on an approver’s statement. The approver himself is an accused, who contributed to the ruling  party's coffers immediately on turning approver, and named Kejriwal in his 11th statement. Does that inspire confidence?”

Sibal was referring to Kejriwal's allegations that statements made against him were obtained by  ED through coercion. Kejriwal alleged that Magunta Srinivas Reddy (MP from Andhra Pradesh); his son Raghav Magunta, and Aurobindo Pharma Director Sarath Reddy gave statements against him under pressure from the ED, as they did not name them in their initial statements. Kejriwal also alleged that all of them were released on bail shortly after they gave statements against him.

According to the CM, Aurobindo Pharma donated heavily to the BJP through electoral bonds days after Sarath Reddy was arrested in 2022.

Contesting SCBA elections as things need to be ironed out:

The veteran lawyer made a surprising announcement last week, that he would contest in the upcoming Supreme Court Bar Association (SCBA) elections. Sibal has served as SCBA President on three occasions  —1995–1996, 1997–1998, and 2001–2002. His decision to contest in the elections after over 20 years came as a surprise to many.

“Fellow lawyers have been trying to persuade me (to contest) for the last three years, and I've been resisting it. But I think somebody has to take the responsibility  because many things need to be ironed out,” he explained.

Sibal said that the lawyers are facing a lot of challenges, which  need to be addressed. “If I'm elected, I have to to devote a lot of time to their problems,” he added.