SC grants interim bail to Kejriwal, asks him to take a call on stepping down from CM's post (Lead)

New Delhi, July 12 (IANS) The Supreme Court on Friday asked Delhi Chief Minister Arvind Kejriwal to take a call on stepping down from his post.

"We are conscious that Arvind Kejriwal is an elected leader and the Chief Minister of Delhi, a post holding importance and influence. We have also referred to the allegations. While we do not give any direction, since we are doubtful whether the court can direct an elected leader to step down or not function as the Chief Minister or as a Minister, we leave it to Arvind Kejriwal to take a call," said a bench, headed by Justice Sanjeev Khanna, pronouncing its verdict on plea filed by CM Kejriwal challenging his arrest and subsequent remand by the Enforcement Directorate (ED) in the money laundering case linked to alleged liquor policy scam.

Referring the matter to a larger bench, the 2-judge bench, also comprising Justice Dipankar Datta, said: "Larger bench, if deemed appropriate, can frame question(s) and decide the conditions that can be imposed by the court in such cases."

The apex court said that CM Kejriwal may be released on interim bail, given the fact that the right to life and liberty is sacrosanct, and he has suffered incarceration of over 90 days, and that the legal questions involved in the matter require in-depth consideration by a larger bench.

If released on interim bail, CM Kejriwal will not visit his office or the Delhi Secretariat, the apex court said, adding that he will not sign official files unless it is required and necessary for obtaining clearance/approval of the Lt Governor of Delhi.

"He will not make any comment with regard to his role in the present case, and he will not interact with any of the witnesses and/or have access to any official files connected with the case," it said.

As per the SC order, CM Kejriwal will have to furnish a Rs 50,000 bail bond with a surety of the like amount to the satisfaction of the Jail Superintendent. The bench also clarified that the interim bail may be extended, or recalled by the larger bench.

However, CM Kejriwal will not be able to step out of jail since he was arrested by the CBI on June 26. His distinct petitions seeking bail and challenging his arrest by CBI are pending before the Delhi High Court.

Meanwhile, a Delhi court on Friday extended, till July 25, his judicial custody in connection with the corruption case lodged by the Central Bureau of Investigation (CBI). Special Judge Kaveri Baweja of the Rouse Avenue Court passed the order upon the expiry of the previously granted judicial custody.

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