Virtue out of a necessity

Delhi chief minister Arvind Kejriwal’s release from jail on bail was on the cards. The Supreme Court had made it abundantly clear that bail was a norm while jail was exception. Having released Deputy CM Manish Sisodia in the Delhi liquor scam case, it was anticipated that the prosecuting agency, the CBI, would find it extremely difficult to keep him in jail as the conclusion of the case was far on the horizon. However, what has surprised some political observers as well some party supporters is his announcement to resign from the post of Delhi CM. In his own words he would like to seek a fresh mandate from the people.

Perhaps Mr. Kejriwal is making a virtue out of a necessity as the bench has placed certain restrictions on his functioning. It has disallowed him from visiting his office as well as the Delhi Secretariat and from signing certain files. Though he came out on bail on a split judgement, the two judges were categorical in their opposition to the CBI’s insistence on his continuance in jail holding it ultra vires of his (Kejriwal’s) right to liberty under Article 21 of the Constitution. The two judges—Justice Surya Kant and Justice Bhuyan—were critical of the role of the CBI in the case when there was no likelihood of the case coming to an end in the foreseeable future. As it emerges from the judgement, the learned judges have castigated the CBI for misusing its power to arrest when there was no need to keep him under arrest.

He also termed the timing of his arrest as ‘suspect’ when he was on the verge of being released in the case filed by the Enforcement Directorate. More so when it did not find reason to arrest him for 22 months. Though the elections for Delhi Assembly should be held in February, Kejriwal might call for a preponing of the election to be held with polls for Maharashtra in November. As of now it does not seem feasible as the Election Commission would require at least two months to make preparations for the same.