The Supreme Court on Friday (September 13) granted bail to Delhi chief minister Arvind Kejriwal, on his plea challenging his arrest by the Central Bureau of Investigation (CBI) in the Delhi liquor policy case.
A two-judge bench, comprising Justices Surya Kant and Ujjal Bhuyan, pronounced the judgment, which was reserved on September 5, LiveLaw reported.
Bail conditions
Kejriwal, granted bail on a bond of Rs 10 lakh and two sureties, cannot to make any public comment on the merits of the case, the apex court directed.
The Delhi chief minister also cannot attend office or sign any official files.
He was also prohibited from interacting with witnesses or having access to files related to the case.
What the judges said
“As far as grounds of arrest are concerned, these would not satisfy necessity of arrest. CBI can’t justify arrest and continue detention citing evasive replies. Accused can’t be compelled to make inculpatory statement,” Justice Surya Kant said, according to LiveLaw‘s running feed on X.
While Justice Bhuyan disagreed with Justice Kant’s opinion on the validity of Kejriwal’s arrest, he concurred with him on the grant of bail. He, however, noted that it is a “travesty of justice” to keep an appellant in custody on grounds that the CBI has cited, “especially as he has been granted bail in more stringent PMLA.”
Justice Kant held that the arrest of Kejriwal was legal and did not suffer from any procedural contravention of the mandate of Section 41 of the Code of Criminal Procedure.
Kejriwal’s petitions contested the Delhi high court’s order dismissing his plea against the CBI arrest and refusing to consider his bail plea. The AAP chief was arrested by CBI on June 26, 2024, while in ED custody in a related money laundering case. Despite being granted interim bail in the money laundering case, Kejriwal remains in custody due to his CBI arrest.
The CBI’s arrest prevented Kejriwal’s release from jail, even though he had been granted bail in the ED case on July 12.
Senior Advocate Abhishek Manu Singhvi had argued that Kejriwal’s continued incarceration was unjust, given his release orders in the money laundering case. He termed the CBI arrest as “insurance arrest” made on the eve of his release in the ED case.
Scathingly, Justice Bhuyan held today that the CBI stirred only when Kejriwal got bail in the ED case.
“It appears only after the Trial Court granted regular bail to the appellant in the ED case, that CBI became active and sought custody. It didn’t feel the need to arrest for over 22 months. Such action raises serious questions on the arrest itself….I fail to understand the great urgency on part of CBI to arrest appellant when he was on cusp of release in ED case…Belated arrest of appellant unjustified,” Justice Bhuyan said, according to LiveLaw.
Even more scathingly, according to PTI, Justice Bhuyan made a key note on the CBI’s free will.
“CBI must dispel notion of being a caged parrot, must show it is an uncaged parrot,” he said.
The CBI, represented by Additional Solicitor General S.V. Raju, had earlier objected to bail, stating that Kejriwal should approach the trial court first as anything else would be demoralising to the high court. However, the bench disagreed, with Justice Bhuyan remarking that granting bail would not be demoralising.
The verdict comes after the Supreme Court granted bail to co-accused BRS MLC K. Kavitha, AAP leaders Manish Sisodia and Sanjay Singh, and others in the liquor policy case.
Leaders of Kejriwal’s Aam Aadmi Party have posted messages of victory.
(This article was first published in The Wire)
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