The Supreme Court deliberated on Tuesday over the possibility of granting interim bail to Arvind Kejriwal, clarifying that he cannot function as the chief minister as it will have “cascading effect” on other issues.
“We are on the issue of propriety today, not legality. We do not want anything to affect the functioning of the government”, the court said.
The court announced plans to reconvene after 2 PM to finalize its decision on the interim bail order.
Meanwhile, Congress MP Abhishekh Manu Singhvi clarified that the Lieutenant Governor, Vinai Kumar, would proceed with government affairs despite Kejriwal's absence from signing official documents.
The Supreme Court has said that it is willing to accept temporary relief for the AAP supremo Arvind Kejriwal due to elections.
“ This is an extraordinary situation. It is not like he is a habitual offender. Elections happen once in five years. It’s not harvesting a crop that will happen every four to six months. We need to consider on priority whether he should be released in the interim”, the bench said.
However, the Enforcement Directorate(ED) voiced opposition to the court's suggestion, fearing it would set an undesirable precedent.
It argued against granting special privileges to politicians facing prosecution, citing the potential implications for others in similar situations.
In response, senior lawyer Abhishekh Manu Singhvi pointed concerns about preferential treatment for politicians, emphasizing the need for consistency in legal proceedings.
He questioned the feasibility of granting interim bail to individuals facing prosecution without a thorough examination of the evidence.
The Supreme Court had previously advised the ED to be prepared for the hearing, emphasizing the importance of transparency and impartiality in the decision-making process.