In a recent decision, the Supreme Court granted bail to Delhi Chief Minister Arvind Kejriwal while reviving the term “caged parrot” to describe the Central Bureau of Investigation (CBI). This phrase, first coined by the Supreme Court in 2013, underscores concern over the agency’s independence and impartiality.
Background of the Case
Arvind Kejriwal, arrested by the Enforcement Directorate (ED) on March 21 and subsequently by the CBI on June 26, had faced allegations in the Delhi excise policy case. His defense team, led by Abhishek Manu Singhvi, argued that these arrests were strategically timed to keep him in custody and prevent his release on bail.
Supreme Court’s Observations
During the bail hearing, Justice Surya Kant acknowledged that there were no legal barriers to Kejriwal’s arrest by the CBI. Justice Kant noted that the CBI had provided reasons for the arrest, and there was no violation of procedural codes.
In contrast, Justice Ujjal Bhuyan expressed concerns over the timing and necessity of the arrest. He questioned the CBI’s delay in seeking custody and suggested that the arrest might have been aimed at frustrating Kejriwal’s bail in the ED case. Justice Bhuyan called for the CBI to dispel any notions of being a “caged parrot,” implying that the agency should operate independently and avoid any appearance of bias or manipulation.
Historical Context
The “caged parrot” phrase first emerged in 2013 when the Supreme Court criticized the CBI for its handling of the Coalgate scandal. The court had accused the CBI of being influenced by external pressures, highlighting concerns about the agency’s autonomy.
Political Implications
The Supreme Court’s comments have reignited debate over the use of investigative agencies for political purposes. The BJP’s use of these agencies to target opposition leaders and the subsequent accusations of political misuse have been points of contention. Opposition parties, including the Aam Aadmi Party (AAP), have criticized the central government for allegedly using these agencies to suppress dissent.
AAP leader and Delhi Minister Saurabh Bharadwaj responded to the Supreme Court’s remarks by accusing the central agencies of conspiring to keep Arvind Kejriwal in jail and highlighting the implications of the court’s observations for the government’s credibility.
As the political landscape remains charged, the Supreme Court’s rebuke serves as a reminder of the need for transparency and fairness in the functioning of India’s investigative agencies. The term “caged parrot” continues to symbolize ongoing concerns about the autonomy and integrity of the CBI.