ED in SC opposes interim bail to Delhi CM Arvind Kejriwal, says electioneering not fundamental right
New Delhi (PTI): The Enforcement Directorate (ED) on Thursday opposed in the Supreme Court the grant of interim bail to Delhi Chief Minister Arvind Kejriwal in a money-laundering case linked to the alleged excise policy scam, saying the right to campaign in elections is neither fundamental nor constitutional.
In a fresh affidavit filed in the top court, the ED said no political leader has ever been granted interim bail for campaigning even if he is not contesting polls.
"It is relevant to note that the right to campaign for an election is neither a fundamental right nor a constitutional right and not even a legal right," the agency said. It added that to its knowledge, "no political leader has been granted interim bail for campaigning even though he is not the contesting candidate. Even a contesting candidate is not granted interim bail if he is in custody for his own campaigning".
On Wednesday, Justice Sanjiv Khanna, who headed the bench that heard Kejriwal's petition against his arrest in the case, said, "We will pronounce the interim order (on bail) on Friday. The main matter related to the challenge to arrest will also be taken up on the same day."
The Aam Aadmi Party (AAP) leader was arrested on March 21 and is currently lodged in Tihar Jail under judicial custody.
On May 7, the bench, also comprising Justice Dipankar Datta, had reserved its verdict on Kejriwal's interim bail plea.
On Tuesday, a Delhi court extended Kejriwal's judicial custody in the case till May 20.
The Delhi High Court had, on April 9, upheld the AAP leader's arrest, saying there was no illegality and the ED was left with "little option" after he skipped repeated summonses and refused to join the investigation.
The matter relates to alleged corruption and money laundering in the formulation and execution of the Delhi government's now-scrapped excise policy for 2021-22.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Ordinance issued to increase number of Supreme Court judges from 34 to 38
New Delhi (PTI): The government has promulgated an ordinance to increase the strength of the Supreme Court from the present 34 judges to 38, including the Chief Justice of India.
The law ministry notified the ordinance on Saturday, which amended the Supreme Court (Number of Judges) Act, 1956, to increase the sanctioned strength of the top court.
So far, the sanctioned strength of the top court was 34, including the Chief Justice of India (CJI). Now, the number of judges has been increased by four, taking the sanctioned strength to 38.
The top court will now have 37 judges, other than the CJI.
With the apex court having two vacancies at present, and the ordinance coming into force immediately, the Supreme Court Collegium will now have to recommend six names for appointment as judges in the top court.
A bill will be brought in the Monsoon Session of Parliament to convert the ordinance – an executive order – into a law passed by Parliament.
The Union Cabinet had cleared a draft bill on May 5 to increase the number of apex court judges.
The strength of the Supreme Court was last increased from 30 to 33 (excluding the CJI) in 2019.
The Supreme Court (Number of Judges) Act, as originally enacted in 1956, put the maximum number of judges (excluding the CJI) at 10.
This number was increased to 13 by the Supreme Court (Number of Judges), Amendment Act, 1960, and to 17 by another amendment to the law.
The Supreme Court (Number of Judges) Amendment Act, 1986, augmented the strength of judges from 17 to 25, excluding the CJI.
A fresh amendment in 2009 further increased the strength from 25 to 30.
Article 124(3) of the Constitution lists the qualifications required to become a Supreme Court judge.
An Indian citizen who has either served as a high court judge for at least five years, or as an advocate for 10 years, or is a distinguished jurist, can be appointed to the top court.
The strength of the Supreme Court is increased based on the recommendations of the CJI, who writes to the Union law minister. After consulting the finance ministry, the Department of Justice under the law ministry moves the Cabinet with a draft bill.
