A court in Delhi on June 5 rejected the interim bail application of Delhi Chief Minister and Aam Aadmi Party (AAP) leader Arvind Kejriwal, arrested in a money-laundering case related to excise policy. Mr. Kejriwal had sought bail for seven days citing health reasons.
Special Judge (PC Act) Kaveri Baweja of the Rouse Avenue Courts rejected the interim bail plea of Mr. Kejriwal after hearing arguments from the Enforcement Directorate (ED) and the applicant.
“It is a well-settled proposition that every ailment would not entitle an accused to be released on bail and the power to grant interim bail on the ground of illness should be exercised in a sparing and cautious manner,” the court said.
“The judge said Mr. Kejriwal, who claimed to be suffering from diabetes, had been given relief by this court on earlier occasions. However, diabetes or even type-2 diabetes could not be said to be so serious an ailment so as to entitle him to the relief claimed,” the court said.
“Further, the extensive campaigning tours and related meetings/events undertaken by Mr. Kejriwal as highlighted during the course of arguments also indicate that he does not appear to be suffering from any serious or ‘life-threatening’ ailment so as to entitle him to the beneficial provision as contained in proviso to Section 45 of the PMLA,” the court said.
The judge noted that the interim bail plea was made on the ground of diagnosis of an illness from which he could be suffering i.e. diabetic ketoacidosis of which high ketone levels was stated to be an indicator. For this, a series of tests were stated to have been prescribed.
“.....the ground for grant of interim bail i.e. for conducting tests to determine if high ketone levels or the stated weight loss could have caused diabetic ketoacidosis stands on an even weaker footing than a medical ground,” the order read.
The court added that there appeared to be no reason as to why such diagnostic tests could not be conducted while he was in custody.
Medical board
The judge said the health concerns of the applicant must be addressed immediately and hence the medical board of the AIIMS, which was directed to be constituted on the previous order of this court, had been asked to review the same and the jail authorities must ensure that he got treatment as prescribed by the board.
Mr. Kejriwal, earlier this month, had filed two separate bail applications in the court — an interim bail on medical grounds and a regular bail. The hearing on regular bail plea is scheduled for June 7.
The AAP supremo remained in jail from March 21 to May 10 when the Supreme Court gave him interim bail to campaign for the general elections. The apex court has not yet pronounced the final verdict on the plea of Mr. Kejriwal in which he has challenged his arrest and remand by the ED.
Published - June 05, 2024 06:33 pm IST
