May 11, 2024

Kejriwal bail an interim order, may not set legal precedent: Senior Advocates

Published by Moneycontrol

The Supreme Court (SC) judgment granting interim bail to Delhi Chief Minister (CM) Arvind Kejriwal so that he can campaign in the ongoing Lok Sabha elections, may not become a legal precedent as it is only an interim order, senior advocates told Moneycontrol.

“It is only an interim order which does not decide on any proposition of law, much less upset any element of criminal jurisprudence. It doesn’t declare or make politicians a separate class,” said Senior Advocate and former Additional Solicitor General (ASG) Sanjay Jain.

Jain further noted that the apex court has not had the occasion to go into the question as to whether the profession or professional needs of a person can be recognised as a ground for grant or refusal of bail. He said, “Not much should be read into this order. It is just like many orders, passed every day by the Hon’ble Supreme Court under Article 142 of the constitution, using its extra ordinary powers to fill up vacuums.”