Indian opposition leader released on bail to campaign in election

AAP leader Arvind Kejriwal, who was arrested on corruption charges, has been granted a reprieve by the top court until voting ends
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Arvind Kejriwal, leader of the Aam Aadmi Party, was arrested in March in a suspected liquor scam

India’s Supreme Court on Friday granted interim bail to Delhi’s Chief Minister Arvind Kejriwal, who leads the opposition Aam Aadmi Party (AAP). 

The politician was arrested in March on corruption charges, just weeks before the parliamentary election, which began on April 19. Hours after the top court’s ruling, he stepped out of Delhi’s Tihar jail, surrounded by supporters. 

Bail has been granted until June 1, which is the last day of polling. While the politician is permitted to campaign in the general election, a slew of restrictions have been imposed on him by the court. He is not allowed to visit the chief minister’s office or the Delhi Secretariat, and cannot sign any official documents without clearance from the lieutenant governor of Delhi. He is required to return to custody on June 2.

Despite having been in detention for the past 50 days, Kejriwal remains chief minister of the national capital, which has a special status under the constitution, and its own elected legislative assembly and government. The AAP party has insisted that Kejriwal will not resign, as he has not been convicted.

50 दिनों के बाद तिहाड़ जेल से बाहर आए CM अरविंद केजरीवाल। https://t.co/wdUhvBFCxJ

— Arvind Kejriwal (@ArvindKejriwal) May 10, 2024

The Supreme Court on Friday also noted that despite the serious accusations against Kejriwal, he has not been found guilty, does not have any prior criminal record, and is “not a threat to the society.” It noted that it was not possible for the court pronounce a verdict on Kejriwal’s plea challenging his arrest, according to Indian media reports.

जेल के ताले टूट गए....#ModiCantStopKejriwal #SatyamevJayte pic.twitter.com/jbyFaP0hSZ

— AAP (@AamAadmiParty) May 10, 2024

Kejriwal was detained on March 21 by the Directorate of Enforcement (ED) – the federal agency under the Finance Ministry – for his alleged role in a so-called “liquor scam” linked to a now-withdrawn Delhi liquor sales policy introduced in 2021. The ED opposed granting bail, claiming that if “unscrupulous” politicians are let out of jail for campaigning, none of them can ever be arrested. Before his detention, Kejriwal had ignored several summonses sent to him by the agency.

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The opposition has labelled the arrest a political witch-hunt by the ruling Bharatiya Janata Party (BJP). The AAP, which governs Delhi and the neighbouring state of Punjab, is part of the opposition Indian National Developmental Inclusive Alliance (INDIA) bloc that seeks to topple the Narendra Modi-led BJP from power. 

Several prominent politicians, who repeatedly questioned the timing of Kejriwal’s arrest, have welcomed the court’s ruling. 

“Kejriwal coming out and campaigning will be a turning point for the country,” AAP leader and Delhi minister Saurabh Bharadwaj told the news agency ANI. “There will be unprecedented changes in this election.”

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Mamata Banerjee, Chief Minister of West Bengal and leader of the Trinamool Congress party, said she was “very happy” at the turn of events. “It will be very helpful in the context of the current elections,” she observed.

Delhi Congress party interim chief Devender Yadav, who also welcomed the decision, was cited by media as saying that the BJP and its leaders have “caged establishments of democracy.”

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