Court Denies Interim Bail to Arvind Kejriwal, Cites Extensive Campaigning. On Wednesday, the Delhi court denied interim bail to Chief Minister Arvind Kejriwal. Special Judge Kaveri Baweja concluded that Kejriwal’s active involvement in extensive campaigning indicated that he did not suffer from any severe or life-threatening medical condition that would justify an extended bail.
The Enforcement Directorate (ED) had opposed the bail, arguing that Kejriwal’s type-2 diabetes was not sufficiently serious to warrant the requested relief. Consequently, the court extended Kejriwal’s custody until June 19, with instructions for jail authorities to conduct medical tests. Kejriwal is scheduled to appear before the vacation judge at 2 pm on that date.
The judge’s decision was influenced by Kejriwal’s visible participation in numerous campaigns and related activities, which suggested he was not afflicted by any critical health issues that could entitle him to bail under the proviso of Section 45 of the Prevention of Money Laundering Act (PMLA). The court emphasized that the power to grant interim bail on medical grounds should be exercised cautiously and sparingly, referencing Supreme Court and Delhi High Court rulings which stated that not every medical condition warrant bail.
Regarding the maintainability of Kejriwal‘s plea, the court ruled that it was indeed maintainable despite objections from the ED’s legal team. The ED had contended that only the Supreme Court, which initially granted Kejriwal interim bail, had the authority to extend it. However, the court found this argument insufficient to render the current application non-maintainable.
Kejriwal’s defense, represented by Senior Advocate N Hariharan, argued via videoconference that the interim bail period had been used primarily for campaign activities, leaving Kejriwal only enough time for a brief medical check-up at home. A senior physician had advised on May 25 that Kejriwal undergo several tests, including an echocardiogram and a 72-hour Holter monitor, which needed to be done sequentially over a period of 5-7 days.
Hariharan invoked Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty, asserting that this includes the right to choose one’s medical treatment. He requested interim bail from June 3 to 7 for Kejriwal to complete the necessary medical tests, with a surrender date set for June 9.
The ED’s counsels, including Solicitor General Tushar Mehta, Additional Solicitor General SV Raju, and Special Counsel Zoheb Hossain, argued that Kejriwal’s activities during the interim bail period indicated he did not need specialized medical care. They pointed out that Kejriwal could have undergone the recommended tests during his interim bail from May 10 to June 1 but did not do so.
The ED maintained that the medical facilities available in jail were adequate to meet his health requirements. Additionally, they suggested that jail authorities could facilitate these tests through a referral hospital while Kejriwal remained in judicial custody.
Raju highlighted that the echocardiogram and Holter monitor tests are generally prescribed for heart conditions, not diabetes. He also noted that high ketone levels in urine, which Kejriwal cited, could result from various factors, including a urinary tract infection, rather than kidney issues. The ED also challenged Kejriwal’s claim of unexplained weight loss, suggesting it might not be accurate.
The court has, meanwhile, sought the ED’s response by June 7 on Kejriwal’s another application seeking regular bail in the case.
In summary, the court determined that Kejriwal’s health condition did not justify interim bail, particularly given his active participation in political campaigns. The case underscores the judiciary’s cautious approach to granting bail on medical grounds, emphasizing that such decisions must be justified by clear and severe medical needs.
This ruling also reflects the legal intricacies involved in cases where high-profile political figures seek bail on health grounds amidst ongoing investigations and judicial processes.
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