The Supreme Court on Friday granted bail to Delhi Chief Minister (CM) Arvind Kejriwal in connection with the CBI’s investigation into the alleged corruption surrounding the now-scrapped Delhi excise policy for 2021-22.
A Bench of Justices Surya Kant and Ujjal Bhuyan, after observing that the trial may take time to conclude, granted relief while noting that Kejriwal met the conditions for bail under established legal principles.
The apex court clarified that while bail was granted, the arrest of Kejriwal was considered lawful by Justice Surya Kant, despite procedural concerns raised by his colleague, Justice Ujjal Bhuyan.
The two judges, though differing on the legality of the arrest, unanimously ruled that Kejriwal should be released on bail.
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Court’s Concerns Over CBI’s Conduct
Justice Ujjal Bhuyan, in his judgment, raised critical questions about the CBI’s motives, accusing the agency of arresting Kejriwal only to prevent his release from judicial custody.
According to Justice Bhuyan, the CBI delayed Kejriwal’s arrest until after the Enforcement Directorate (ED) had secured bail for him in a connected money laundering case, casting doubts over the necessity of the arrest after 22 months.
“CBI must not act like a caged parrot; it is imperative that the agency remains above suspicion. In a functional democracy, perception matters,” Justice Bhuyan remarked, referencing a prior Supreme Court critique of the CBI.
While both justices agreed on granting bail, Justice Kant upheld the legality of Kejriwal’s arrest, explaining that it followed procedural law.
The CBI, in its defense, argued that Kejriwal’s arrest was necessary for investigation and compliant with the legal framework outlined in Section 41 of the Code of Criminal Procedure.
Conditions of Bail and Court’s Observations
The court, in its bail order, instructed Kejriwal to refrain from making public comments about the case to avoid creating a “self-serving narrative.” Furthermore, the Delhi CM was ordered to attend all hearings unless exempted.
The bench underscored the importance of a well-developed jurisprudence on bail, highlighting that prolonged incarceration without the conclusion of the trial was unjustifiable.
The Supreme Court emphasized that while bail was granted, Kejriwal’s challenge to the legality of his arrest was dismissed. Justice Surya Kant noted that the CBI acted within its rights as the arrest followed a magistrate’s order.
CBI’s Allegations and Kejriwal’s Arrest
The case against Kejriwal stems from accusations of irregularities in the Delhi excise policy, with claims that the policy was deliberately manipulated to benefit liquor lobbies.
Allegedly, funds from the scheme were channeled into AAP’s electoral campaign in Goa. While Kejriwal was interrogated in March 2023, his arrest by the CBI came only after his bail in the ED case.
Despite Justice Bhuyan’s criticism, the judges agreed that there was no procedural flaw in Kejriwal’s arrest, with Justice Kant asserting that the conditions for arrest were met under law.
Kejriwal’s plea to declare his arrest unlawful was rejected by both the Delhi High Court and the Supreme Court. However, his bail application was allowed, releasing him from judicial custody where he had remained since June 26, 2024, when he was arrested by the CBI.
Case Details:
- Parties: Arvind Kejriwal v. Central Bureau of Investigation
- Bench: Justice Surya Kant, Justice Ujjal Bhuyan
- Date of Judgment: September 13, 2024