NEW DELHI: The Supreme Court granted bail to Delhi chief minister Arvind Kejriwal on Friday in connection with a case filed by the CBI related to the excise policy.
The court directed Kejriwal to be released on bail subject to bail bonds of Rs 10 lakh and two sureties, noting that he satisfies the triple condition for the grant of bail.
During the hearing, the Additional Solicitor General SV Raju, representing the CBI, objected to Kejriwal not approaching the trial court for bail and instead directly approaching the Delhi High Court and then the apex court.
Kejriwal was arrested by the ED on March 21, 2024, in connection with a money laundering probe related to alleged irregularities in the now-cancelled Delhi excise policy 2021-22. Subsequently, on June 26, 2024, he was arrested by the CBI while in ED custody.
Here’s what the top court said while granting bail to Kejriwal:
Justice Surya Kant, while reading out the verdict, stated that there was no illegality on the part of the CBI in arresting the chief minister. “Appellant’s arrest does not suffer from illegality. On bail, we have discussed briefly. Basic principle is…issue is of liberty…integral to sensitized judicial process. Prolonged incarceration amounts to unjust deprivation of liberty,” Kant said.
The court said that Kejriwal satisfies the test for bail, considering the unlikely completion of the trial in the immediate future. “Completion of trial unlikely to occur in immediate future. Dealt with prosecution’s apprehension on tampering. Rejecting those, we have concluded…appellant satisfies test for bail,” the top court said.
Justice Ujjal Bhuyan, in a separate judgement, questioned the CBI for arresting Kejriwal, saying that such action by CBI raises serious questions on the timing of the arrest.
“On necessity and timing of arrest, I have a definite point of view. Therefore, this separate opinion, while concurring with the view that appellant should be released. CBI’s appearance raises more questions than it answers,” Bhuyan said.
Justice Bhuyan raised concerns about the CBI’s actions, suggesting that the arrest was made only after Kejriwal was granted bail in the PMLA case and was done to keep him in custody. “It appears only after TC granted regular bail to appellant in ED case, that CBI became active and sought custody. It didn’t feel need to arrest for over 22 months. Such action raises serious question on arrest itself,” he said.
“CBI can’t justify arrest and continue detention citing evasive replies. Accused can’t be compelled to make inculpatory statement,” he added.
The court said that CBI must take steps to remove the perception of being a caged parrot and like caesar wife it must be above suspicion while conducting investigation. “CBI must dispel notion of being a caged parrot, must show it is an uncaged parrot,” Justice Ujjal Bhuyan said.
The court directed Kejriwal to be released on bail subject to bail bonds of Rs 10 lakh and two sureties, noting that he satisfies the triple condition for the grant of bail.
During the hearing, the Additional Solicitor General SV Raju, representing the CBI, objected to Kejriwal not approaching the trial court for bail and instead directly approaching the Delhi High Court and then the apex court.
Kejriwal was arrested by the ED on March 21, 2024, in connection with a money laundering probe related to alleged irregularities in the now-cancelled Delhi excise policy 2021-22. Subsequently, on June 26, 2024, he was arrested by the CBI while in ED custody.
Here’s what the top court said while granting bail to Kejriwal:
Justice Surya Kant, while reading out the verdict, stated that there was no illegality on the part of the CBI in arresting the chief minister. “Appellant’s arrest does not suffer from illegality. On bail, we have discussed briefly. Basic principle is…issue is of liberty…integral to sensitized judicial process. Prolonged incarceration amounts to unjust deprivation of liberty,” Kant said.
The court said that Kejriwal satisfies the test for bail, considering the unlikely completion of the trial in the immediate future. “Completion of trial unlikely to occur in immediate future. Dealt with prosecution’s apprehension on tampering. Rejecting those, we have concluded…appellant satisfies test for bail,” the top court said.
Justice Ujjal Bhuyan, in a separate judgement, questioned the CBI for arresting Kejriwal, saying that such action by CBI raises serious questions on the timing of the arrest.
“On necessity and timing of arrest, I have a definite point of view. Therefore, this separate opinion, while concurring with the view that appellant should be released. CBI’s appearance raises more questions than it answers,” Bhuyan said.
Justice Bhuyan raised concerns about the CBI’s actions, suggesting that the arrest was made only after Kejriwal was granted bail in the PMLA case and was done to keep him in custody. “It appears only after TC granted regular bail to appellant in ED case, that CBI became active and sought custody. It didn’t feel need to arrest for over 22 months. Such action raises serious question on arrest itself,” he said.
“CBI can’t justify arrest and continue detention citing evasive replies. Accused can’t be compelled to make inculpatory statement,” he added.
The court said that CBI must take steps to remove the perception of being a caged parrot and like caesar wife it must be above suspicion while conducting investigation. “CBI must dispel notion of being a caged parrot, must show it is an uncaged parrot,” Justice Ujjal Bhuyan said.
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