NEW DELHI: The Supreme Court on Friday referred to questions arising out of arrest of Delhi Chief Minister Arvind Kejriwal in a money laundering case, for consideration before a larger bench.
The apex court also ordered his release on interim bail but the AAP convenor would not come out immediately from jail as he was also arrested by the CBI on June 26 in a separate case in connection with the liquor policy scam.
A bench of Justices Sanjiv Khanna and Dipankar Datta pronounced the order on Kejriwal's plea challenging validity of his arrest by the ED on March 21 and subsequent remand by the special court.
"We are referring the matter to the larger bench...We direct him to be released on interim bail. Larger bench can decide all the questions in the case," Justice Khanna said.
Reading out excerpts of the judgment, Justice Khanna said mere interrogation of an accused does not allow the agency to arrest the accused under the provisions of the Prevention of Money Laundering Act.
The court also said the question of his regular bail can be considered in the meantime.
The bench also said in case of elected leaders like Kejriwal, the court can't direct them to step down from the constitutional post as it was for them to take a call on it.
The court also dealt with the issue of election funding in the judgment as the ED alleged Kejriwal received money from the South Lobby for Goa elections.
The details of the judgment would be uploaded on the SC's website.
Kejriwal challenged the Delhi High Court's April 9 order which dismissed his plea against arrest and remand in the case.
In the case, the ED claimed that there was a direct evidence of Kejriwal demanding Rs 100 crore as kickbacks in the case.
It justified Kejriwal's arrest in the case, and claimed he was the mastermind and main conspirator.
