In political news today, an intriguing decision made by the Supreme Court on 10 May 2024, gave Delhi Chief Minister, Arvind Kejriwal interim bail for 20 days to campaign for his party in the general elections. The Enforcement Directorate (ED), which had custody of Kejriwal for questioning in the Delhi Liquor Scam case had said that the right to campaign in elections is neither “a fundamental right nor a constitutional right”.

Earlier the ED had filed an affidaffit in the Supreme Court to prevent such a bail for Kejriwal but it was overruled by the court.

This was the first ever decision of its kind by the Supreme Court where it granted bail to a defendant to campaign in the election as per today political news.

It has also raised a legal storm both within and outside the Supreme Court where one group of legal experts are questioning the decision while another group seems to be supporting it.

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Most of those who are opposed to the decision, are asking if this decision is going to set a precedent and people undergoing trial for serious crimes would be let loose to campaign in elections?

In fact, there are other politicians including some from Kejriwal’s own party as well as the former Jharkhand chief minister, Hemant Soren who did not get interim bail. So why was Kejriwal given special consideration?

Granting bail to Kejriwal has created complications for Supreme Court

The reasoning of the two judges who granted interim bail of 20 days to Kejriwal till 02 June 2024 has created a situation where the Supreme Court will find it difficult to handle bail applications of many other politicians in custody.

To justify Kejriwal’s interim bail the judges came up with the bizarre excuse that he is a sitting chief minister and has no criminal antecedents as per political news today.

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Don’t the judges know that Kejriwal is a sitting chief minister because he was shameless enough not to resign before being arrested? Additionally, if he has no criminal antecedents why is he in jail and what is he being tried for?

Do these judges want people in top executive positions to shamelessly not resign even after being arrested with loads of evidences stacked against them?

Kejriwal’s unconstitutional interim bail has set a bad example

The former Jharkhand chief minister, Hemant Soren despite the seriousness of his crime, had the decency to resign before being arrested. Since he is not a sitting chief minister, his interim bail application was rejected by the court according to political news today.

In future, chief ministers arrested for crimes of similar magnitude would look at Kejriwal as an example rather than Soren whose adherence to ethical norms has now become a joke.

The question now is, would the executive be bound by court orders that are clearly unconstitutional? In future a combative executive might dig its heels and refuse to accept the court’s order if they find it to be unconstitutional.

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This decision of the Supreme Court is an instance of judicial overreach. When the constitutional provisions have been overlooked to pass this judgment then why have a legislature and go through the expensive process of electing people’s representatives to the parliament? If the judiciary is going to make decisions on the whims and fancies of the judges, sidelining the constitution then very soon we’ll have a Jacobin style cartel of judicial autocrats stamping their will on the people. If India rejected executive autocracy in 1975 then it will also reject judicial autocracy in 2024.

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AUTHOR: Dev Kumar is an independent geo-political observer, commentator and blogger who tries to look at international issues in relation to India and present a different dimension that has hardly been covered by mainstream experts.

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