New Delhi: Amid loud cheers of AAP workers, embattled Delhi Chief Minister Arvind Kejriwal walked out of the Tihar Jail on Friday evening after 50 days. The Supreme Court granted him interim bail in a money laundering case related to the Delhi excise policy scam to enable him to campaign in the Lok Sabha elections. AAP workers and supporters raised slogans of 'Jail Ke Tale Toot Gaye, Kejriwalji Chhoot Gaye' while welcoming the CM.
Beginning with slogans of 'Bharat Mata Ki Jai', 'Vande Mataram' and 'Inquilab Zindabad', he said, "I am fighting against dictatorship with all my might but 140 crore people (of the country) will have to come together to fight against it."
He added that he would visit the Hanuman temple at Connaught Place at 11 am on Saturday and address a press conference at the AAP office at 1 pm.
"I am feeling great to be with you. I had told you that I would come out soon... First of all, I want to pay obeisance to Lord Hanuman. I am among you because of the blessings of Lord Hanuman," Kejriwal said, asking people to come in large numbers to the temple. The AAP leader also thanked people for their love and blessings and asked them to come together to fight against dictatorship.
"I want to thank you all. Crores of people of the country sent their blessings to me. I want to thank the Supreme Court because of which I am here," he added.
Kejriwal reached his residence in the Civil Lines area around 8.30 pm where he was welcomed with dhol beats and slogans by AAP workers as flower blowers showered him with petals.
The chief minister sought the blessings of his parents and hugged them. His mother garlanded him and applied 'tilak' on his forehead.
Speaking to reporters outside his residence, Kejriwal announced that he would participate in a roadshow likely to be held on Saturday in South Delhi's Mehrauli area.
"I want to express my heartfelt thanks to the Supreme Court because of which I have found an opportunity to campaign for the elections. Our country is 4,000 years old but it has never accepted anyone who has tried to impose a dictatorship," he told them.
The country is passing through a phase of dictatorship, the Delhi chief minister alleged and said, "I am fighting against it with all my might... But 140 crore people need to come together to defeat it. I want to appeal to people that we have to save the country together."
Kejriwal also thanked people with folded hands and waved at them as they raised slogans of 'Dekho Dekho Kaun Aaya, Sher Aaya Sher Aaya'.
However, Union Home Minister Amit Shah sought to downplay his release.
"This is not regular bail. It is an interim bail. He can campaign but every time he goes to campaign, people will be reminded of the excise scam," he said in West Bengal's Raniganj.
Kejriwal's release from jail, however transient, is expected to give a boost to the AAP's Lok Sabha campaign in Delhi where polling is scheduled for May 25.
No permission to visit office
While imposing a string of bail conditions on Kejriwal, the apex court directed him to furnish bail bonds of Rs 50,000 with one surety of the like amount to the satisfaction of the jail superintendent. A bench of Justices Sanjiv Khanna and Dipankar Datta rejected the argument of the Enforcement Directorate (ED) counsel that enlarging Kejriwal on interim bail to campaign in the elections will be without a precedent.
The court did not concur with his contention that interim bail to the AAP national convenor for campaigning would be like giving "premium of placing the politicians in a benefic position compared to ordinary citizens of this country".
"While examining the question of grant of interim bail/release, the courts always take into consideration the peculiarities associated with the person in question and the surrounding circumstances. In fact, to ignore the same would be iniquitous and wrong," the bench said, adding that the Lok Sabha elections are the "most significant and an important event this year".
The bench said no doubt, serious accusations have been made, but Kejriwal has not been convicted yet, does not have any criminal antecedents and is "not a threat to the society". It noted that more importantly, the legality and validity of his arrest itself was under challenge before the top court which is yet to finally pronounce its verdict on the petition.
Ruling that Kejriwal's case is "not an exception", the bench said power to grant interim bail is commonly exercised in a number of cases and interim bail is granted keeping in mind the facts of each case.
"For the aforesaid reasons, we direct that the appellant Arvind Kejriwal will be released on interim bail in connection with case till June 1, 2024, that is, he will surrender on June 2, 2024 on the following terms and conditions," the bench said, adding, "he shall not visit the office of the Chief Minister and the Delhi secretariat".
"He (Kejriwal) shall be bound by the statement made on his behalf that he shall not sign official files unless it is required and necessary for obtaining clearance/approval of the Lieutenant Governor of Delhi," the court said.
Kejriwal will not make any comment with regard to his role in the case and will not interact with any of the witnesses or have access to any official files connected with the case, the bench directed.
"Between 650-700 million voters out of an electorate of about 970 million will cast their votes to elect the government of this country for the next five years. General Elections supply the vis viva (energy) to a democracy," it said, underlining the importance of the Lok Sabha elections.
The bench said the ED has rightly pointed out that Kejriwal had failed to appear in spite of nine notices/summons, the first of which was issued in October 2023.
"This is a negative factor, but there are several other facets which we are required to take into consideration," it said, adding that Kejriwal is the chief minister and leader of one of the national parties.
The bench noted the investigation in the case has remained pending since August 2022 and Kejriwal was arrested on March 21 this year.
The apex court said the grant of interim bail will not be treated as an expression of opinion on the merits of the case or the criminal appeal which is pending its consideration.
The apex court is hearing Kejriwal's plea challenging the Delhi High Court's verdict last month upholding his arrest in the case. He had not filed an application for interim bail. The bench said arguments on Kejriwal's plea against his arrest will continue next week and it will try to pronounce the judgement on the petition before the summer vacations start on May 20.
(with PTI inputs)