Crime and time: On election-time incarceration
7 months, 1 week ago

Crime and time: On election-time incarceration

The Hindu  

Any inconsistency in judicial decisions is bound to be seen as unequal application of rules. On the principle of parity, former Jharkhand Chief Minister Hemant Soren, who leads the Jharkhand Mukti Morcha, is arguably entitled to interim bail to enable him to campaign in his home State for the next phases of the general election, from May 20. It was only last week that the Supreme Court of India underscored the importance of the general election to grant bail to Delhi Chief Minister Arvind Kejriwal up to the end of the polls. The Jharkhand High Court did not deliver judgment on the petition challenging Mr. Soren’s arrest for two months, resulting in a delay in his approaching the Supreme Court. With the prosecution depending mainly on approvers’ statements against Mr. Kejriwal, and the agency banking on documentary evidence against Mr. Soren, there may be differences in the respective merits of their cases.

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History of this topic

​For a fair probe: The Hindu Editorial on the Kejriwal bail order and CBI conduct
3 months, 1 week ago

​For a fair probe: The Hindu Editorial on the Kejriwal bail order and CBI conduct

The Hindu  

A two-member Bench of the Supreme Court that granted bail to Delhi Chief Minister Arvind Kejriwal in the Delhi excise policy case was divided on the legality of his arrest by the CBI on corruption charges soon after he was given regular bail in connection with money-laundering charges. After the benefit was given to the co-accused, including Delhi’s Deputy Chief …

Supreme Court reserves order on Kejriwal’s bail plea in CBI case
3 months, 2 weeks ago

Supreme Court reserves order on Kejriwal’s bail plea in CBI case

Hindustan Times  

The Supreme Court on Thursday reserved its verdict on Delhi chief minister Arvind Kejriwal’s petition challenging his arrest in connection with the now scrapped excise policy, observing that its judgment would be carefully framed to obviate demoralising subordinate judiciary while contributing to the evolution of criminal law. “Snakes and ladders” with bail The day-long hearing on Thursday witnessed intense exchanges …

DC Edit | SC order on Kejriwal bail does not go far enough
5 months, 1 week ago

DC Edit | SC order on Kejriwal bail does not go far enough

Deccan Chronicle  

The Supreme Court’s decision to grant interim bail again to Delhi chief minister Arvind Kejriwal is a significant legal development in the long-running saga of Enforcement Directorate action against a prominent politician belonging to the Opposition camp. The order, however, does not go far enough to remove many complications surrounding Mr Kejriwal’s status now even as he is to stay …

Supreme Court grants interim bail to Arvind Kejriwal but he will still be in jail
5 months, 1 week ago

Supreme Court grants interim bail to Arvind Kejriwal but he will still be in jail

Op India  

On Friday, the Supreme Court granted interim bail to Aam Aadmi Party supremo Arvind Kejriwal in the money laundering case, filed by the Enforcement Directorate in connection to the Delhi liquor policy scam. The apex court noted that the AAP supremo raised certain legal questions in his bail application, which needs to be dealt with by a larger bench. “Given …

Can court examine legality of arrest after cognisance of ED's complaint taken: SC to Hemant Soren
7 months ago

Can court examine legality of arrest after cognisance of ED's complaint taken: SC to Hemant Soren

Deccan Chronicle  

New Delhi: The Supreme Court on Tuesday asked former Jharkhand chief minister Hemant Soren whether a writ court can examine the legality of his arrest after the trial court has taken cognisance of the prosecution complaint filed by the Enforcement Directorate in the money laundering case against him related to an alleged land scam. He said the trial court had …

If Hemant Soren Is Granted Interim Bail For Campaigning, Then All Jailed Politicians Will Seek Similar Treatment: ED Tells Supreme Court
7 months ago

If Hemant Soren Is Granted Interim Bail For Campaigning, Then All Jailed Politicians Will Seek Similar Treatment: ED Tells Supreme Court

Live Law  

In the latest development, the Enforcement Directorate has filed a reply before the Supreme Court, opposing the interim bail plea of former Jharkhand Chief Minister Hemant Soren, who is in judicial custody since his arrest by the agency in a money laundering case related to an alleged land scam.It may be mentioned that up until May 17, a bench comprising …

Hemant Soren interim bail plea: ED opposes interim bail to former Jharkhand CM for campaigning
7 months ago

Hemant Soren interim bail plea: ED opposes interim bail to former Jharkhand CM for campaigning

The Hindu  

The Enforcement Directorate has opposed interim bail to former Jharkhand Chief Minister Hemant Soren, saying he is an influential person whose right to campaign for Lok Sabha elections is neither a fundamental right nor a constitutional right. A Vacation Bench of the Supreme Court led by Justice Dipankar Datta is scheduled to hear Mr. Soren’s plea for interim bail on …

Voting for relief: On interim bails and elections
7 months, 2 weeks ago

Voting for relief: On interim bails and elections

The Hindu  

In granting interim bail to Delhi Chief Minister Arvind Kejriwal, the Supreme Court of India has reversed a development that upset the level playing field for the ongoing general election. But the arrest of a serving Chief Minister and a key figure in the Opposition, when the election process was already on, sent shock waves among regional parties. In Mr. …

Interim bail to Arvind Kejriwal | No restriction on political activities, says Supreme Court
7 months, 2 weeks ago

Interim bail to Arvind Kejriwal | No restriction on political activities, says Supreme Court

The Hindu  

The Supreme Court on Friday in the Arvind Kejriwal case confirmed that bail conditions restricting a political leader from political activities and public rallies amount to a breach of fundamental rights. To reach this conclusion, a Bench of Justices Sanjiv Khanna and Dipankar Datta referred to the very judgments quoted by the Directorate of Enforcement against Mr. Kejriwal. “A coordinate …

Top Indian opposition leader released on bail by court enabling him to campaign in elections
7 months, 2 weeks ago

Top Indian opposition leader released on bail by court enabling him to campaign in elections

Associated Press  

NEW DELHI — A top Indian opposition leader was freed from jail on interim bail by the Supreme Court on Friday nearly seven weeks after his arrest in a bribery case that opposition parties called a political move by Prime Minister Narendra Modi’s government against one of his rivals during a national election. His party is part of a broad …

Significant precedent in history of our democracy: Left leaders laud bail to Kejriwal
7 months, 2 weeks ago

Significant precedent in history of our democracy: Left leaders laud bail to Kejriwal

New Indian Express  

The Communist Party of India general secretary D Raja said that his party welcomes the relief granted to Kejriwal despite the fact the Enforcement Directorate fervently opposed his bail. “CPI welcomes the interim bail granted to AAP Convenor and Delhi CM Arvind Kejriwal by the Supreme Court, despite ED’s vehement opposition to it. He further expressed hope that former chief …

ED opposes bail for Arvind Kejriwal, says 'right to campaign is not fundamental'
7 months, 2 weeks ago

ED opposes bail for Arvind Kejriwal, says 'right to campaign is not fundamental'

India TV News  

The Enforcement Directorate took a firm stand on Thursday, opposing the interim bail plea of Delhi Chief Minister Arvind Kejriwal. The affidavit, presented by ED's Deputy Director Bhanu Priya, came a day before the scheduled Supreme Court hearing on Kejriwal's interim bail plea related to the Delhi liquor policy case. Kejriwal criticised for seeking bail The ED criticised Kejriwal for …

He Is An Elected CM, Not Habitual Offender; Elections Held Once In 5 Yrs: Supreme Court On ED's Objection To Interim Bail For Arvind Kejriwal
7 months, 2 weeks ago

He Is An Elected CM, Not Habitual Offender; Elections Held Once In 5 Yrs: Supreme Court On ED's Objection To Interim Bail For Arvind Kejriwal

Live Law  

While hearing Arvind Kejriwal's plea challenging his arrest by the Enforcement Directorate on March 21 in the Delhi Liquor Policy case, the Supreme Court today said that it cannot treat the Delhi Chief Minister as a habitual offender.The bench of Justices Sanjiv Khanna and Dipankar Datta was considering the issue of granting Kejriwal interim bail when it expressed disapproval with. …

Can A Politician Out On Bail Take Part In Political Activities? Here's What Supreme Court Said
8 months, 4 weeks ago

Can A Politician Out On Bail Take Part In Political Activities? Here's What Supreme Court Said

ABP News  

The Supreme Court in a recent order held that a politician who is out on bail cannot be restrained from taking part in political activities. The top court ruled that a bar on political activities as a condition for granting bail would be a violation of fundamental rights. Last week, a bench of Justices BR Gavai and Sandeep Mehta while …

Recent Developments In Bail Jurisprudence
3 years, 6 months ago

Recent Developments In Bail Jurisprudence

Live Law  

The egalitarian maxim "Bail, not Jail" enunciated by Justice V. R. Krishna Iyer seemed to have got watered down in the past decades. Default Bail u/s 167 CrPC The proviso to Section 167 of the CrPC postulates: Provided that, The Magistrate may authorise the detention of the accused person, otherwise than in the custody of the police, beyond the period …

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