New Delhi, December 30 (IANS): As 2024 draws to a close, here are the key judgments of the Supreme Court granting bail to influential politicians arrested by the Central Bureau of Investigation (CBI) or the Enforcement Directorate (ED) on charges of corruption or money laundering.
Bail to Arvind Kejriwal
In September this year, the Supreme Court directed former Delhi Chief Minister Arvind Kejriwal to be released on bail in connection with the corruption case related to the alleged liquor policy scam.
While rejecting his clear plea against the arrest by the CBI, Justice Surya Kant, heading a two-judge bench, ordered the release of Kejriwal on bail but restrained him from making “public comments on the merits of the case” pending trial in court.
“The conditions imposed by the Coordinator Bench in the ED matter are also applicable in this case. The appellant (Kejriwal) must remain present in court on each date of the hearing unless relief is granted. He will fully cooperate with the court for speedy conclusion of the trial,” the Kant-led Bench added.
In a July 12 verdict, another bench headed by Justice Sanjiv Khanna (now CJI) opined that former Delhi CM Arvind Kejriwal can be released on anticipatory bail in the money laundering case, considering that the right to life and liberty is sacrosanct. , and he was imprisoned for more than 90 days.
The two-judge bench, also comprising Justice Datta, referred to Kejriwal’s plea from a larger bench, challenging his arrest and subsequent remand by the ED in the alleged liquor policy scam, for an authoritative ruling on the legal questions involved.
In the same judgment, the Justice Khanna-led Bench had asked Kejriwal to take a call to resign from the CM post.
“We are aware that Arvind Kejriwal is an elected leader and the Chief Minister of Delhi, a position that is important and influential. We have also referred to the allegations. While we are not giving any direction as we doubt the court’s ability to provide guidance, if an elected leader resigns or fails to perform as Chief Minister or Minister, we leave it to Arvind Kejriwal to take a call,” the report said.
Earlier, a bench headed by Justice Khanna, in view of the 2024 assembly polls, had ordered the then CM Kejriwal to be released on 21 days’ bail in the money laundering case and asked him to surrender on June 2.
The Bench led by Justice Khanna imposed a slew of conditions and asked Kejriwal not to visit his office or secretariat while he was out on bail. It clarified that the grant of interim relief should not be considered as an expression of opinion on the merits of the case or appeal pending before the apex court.
As per the SC order, Kejriwal was not allowed to sign any official files unless it was required and necessary for obtaining permission/approval from the Lieutenant Governor.
Bail for Manish Sisodia
In August this year, the Supreme Court had granted bail to senior AAP leader and former Delhi Deputy Chief Minister Manish Sisodia, saying he cannot be kept behind bars indefinitely hoping for early conclusion of the trial in the alleged excise policy case.
While pronouncing the judgment on Sisodia’s bail pleas, a bench chaired by Justice BR Gavai Gavai had said, “In the present case, in both ED and CBI cases, 493 witnesses have been named and the case involves thousands of pages of documents and more lakh pages of digitized documents.”
“So it is clear that there is not even any possibility of the process being completed in the near future. In our opinion, it would deprive him to keep the suspect behind bars indefinitely in the hope of an early conclusion of the trial. of the fundamental right to liberty, given under Article 21 of the Constitution.”
The bench, which also included Justice KV Viswanathan, ruled that due to a long period of incarceration of about 17 months and the fact that the trial had not yet begun, Sisodia had been deprived of his right to a speedy trial.
Rejecting the contention that Sisodia, if granted bail, could tamper with the evidence, the Supreme Court said the prosecution case largely stems from evidence, which has already been seized by the CBI and the ED.
The SC refused to accept the central agencies’ contention that Sisodia should not be allowed to visit the Chief Minister’s office or the Delhi Secretariat.
“The appellant (Sisodia) shall surrender his passport to the Special Court. The appellant shall report to the Investigating Officer every Monday and Thursday between 10:00 a.m. and 11:00 a.m. and the appellant shall not make any attempt to influence the witnesses or tamper with the documents to tamper.” evidence,” the report said.
In an earlier ruling on October 30 last year, the Supreme Court had denied bail to the former deputy chief minister but said if the trial progresses slowly in the next three months, he can apply for bail again.
Recently, the top court accepted a plea filed by Sisodia seeking relaxation in the bail condition that required him to report to the investigating officer on a semi-weekly basis.
“We do not consider the condition mentioned to be necessary and that is why it is being deleted. However, it is directed that the applicant (Sisodia) shall regularly attend the court,” it ordered.
Bail to Sanjay Singh
In April this year, a bench headed by Justice Sanjiv Khanna (now CJI) granted bail to AAP Rajya Sabha member Sanjay Singh in connection with the money laundering case related to the alleged excise duty scam.
The Supreme Court noted that the ED had no objection to Singh being released on bail and made no observations on the merits.
“Concessions should not be cited as precedents. Sanjay Singh has the right to continue his political activities,” the report said.
The apex court added: “…we must put on record that the concession made on behalf of ED was made before the arguments commenced. We clarify that we have not commented on the merits.”
Bail to K Kavitha
In August, the Supreme Court granted bail to BRS leader K. Kavitha in connection with the corruption and money laundering cases related to the alleged Delhi liquor policy scam.
A bench chaired by Justice BR Gavai directed Kavitha to regularly attend the trial proceedings and cooperate in early disposal of the trial.
“The appellant is directed to be granted immediate bail in both the cases (CBI and ED) on furnishing a surety of Rs 10 lakh each. She will make no attempt to tamper with evidence or influence witnesses. The appellant shall deposit her passport before the court,” ordered the bench, which also included Justice KV Viswanathan.
The SC Bench has clarified that it has not made any observations on the merits in granting bail to Kavitha and such observations will not prejudice the conduct of the trial.
Kavitha, the daughter of BRS chief and former Telangana Chief Minister K. Chandrasekhar Rao, was denied bail by the Delhi High Court on July 1.
A bench of Justice Swarna Kanta Sharma said that the material collected during the course of investigation revealed that she was one of the key conspirators in the entire conspiracy relating to the formulation and implementation of the now scrapped new excise policy.
Bail to Senthil Balaji
In September this year, the Supreme Court ordered senior DMK leader V Senthil Balaji to be extended bail in connection with a money laundering case related to an alleged cash-for-jobs scam as he has been in jail for over 15 months fed up. when the maximum penalty for alleged violations can be up to seven years.
However, a bench headed by Justice Abhay S. Oka refused to accept the contention that the deposit of Rs 1.34 crore cash in his bank account was consideration received as MLA and agricultural income.
The Bench, which also includes Justice AG Masih, said: “It will be very difficult to hold that there is no prima facie case against the appellant (Balaji)” in the complaint filed by the Enforcement Directorate (ED) under the Prevention of Money Laundering. Act (PMLA).
The Supreme Court noted that in three planned crimes there are more than 2,000 suspects and the number of witnesses to be presented is more than 600.
It said that “even under ideal circumstances the possibility that the trial of planned crimes would be completed even within a reasonable period of three to four years appears to be completely excluded.”
“Even if the trial in the case continues under the PMLA, it cannot be finally decided until the trial against scheduled offenses is completed. Given the facts of the case, it is not possible that the trial of the planned offenses will begin in the near future. Therefore, we see no possibility of both processes being completed within a few years,” it added.
The Supreme Court has observed that the trial of the scheduled crimes and the resulting PMLA offenses are “unlikely to be completed within three to four years or even more” and that if Balaji’s detention continues, it will be a violation of his fundamental right to a speedy trial, guaranteed under the Constitution.
Recently, the Supreme Court raised eyebrows over Balaji’s immediate induction into the Tamil Nadu Cabinet headed by Prime Minister MK Stalin after he was granted bail.
A bench of Justices Abhay S. Oka and AG Masih was hearing an application seeking reversal of the decision extending bail to Balaji on the grounds that he could influence the witnesses in his capacity as a minister in the CM Stalin-led Cabinet .
Balaji, who walked out of jail after spending over 450 days behind bars, was sworn in as a minister on September 29 and was assigned the Electricity, Excise and Prohibition portfolios in the Tamil Nadu government.
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