The Supreme Court of India has provided significant relief to Delhi Chief Minister Arvind Kejriwal, granting him bail in the Delhi excise policy case just ahead of the Haryana elections. Kejriwal, who had been in jail for six months following his arrest by the Enforcement Directorate (ED) on March 21, will now be released. The Chief Minister was later arrested by the Central Bureau of Investigation (CBI) in June.
Supreme Court’s Key Observations
During the proceedings, the Supreme Court made notable observations regarding the role of the CBI in Kejriwal’s case.
CBI’s Public Perception: One of the standout comments was about the image of the CBI. The court emphasized that “perception matters” and said that the agency must “dispel the notion of being a caged parrot” and instead present itself as an “uncaged parrot.” The agency, the court noted, should be like “Caesar’s wife, above suspicion.”
Legal Justifications for Arrest: Justice Surya Kant upheld the legality of Kejriwal’s arrest, stating, “No impediment in arresting a person already in custody.” He explained that the CBI had documented reasons for the arrest and found no breach of Section 41A(3) of the Code of Criminal Procedure.
Justice Ujjal Bhuyan’s Dissent
While Justice Kant supported the CBI’s decision, Justice Ujjal Bhuyan raised concerns about the timing and necessity of the arrest.
Delay in Arrest: Justice Bhuyan pointed out that despite interrogating Kejriwal in March 2023, the CBI did not arrest him until after his detention by the ED was stayed. He said, “CBI did not feel the need to arrest him… for over 22 months,” raising questions about the timing of the arrest, which he believed was aimed at undermining the bail granted in the ED case.
Concerns Over Prolonged Detention: Justice Bhuyan further criticized the CBI’s delayed action, deeming the arrest “unjustified” and suggesting that the move was made to “frustrate” the bail already given to Kejriwal in the ED case.
Bail and Future Conditions
The Supreme Court has laid out specific conditions for Kejriwal’s bail:
Restrictions on Public Statements: The court has prohibited Kejriwal from making any public statements regarding the excise policy case. He is also required to attend all court hearings related to the trial unless explicitly exempted.
Criticism of Lower Court Procedure: The court rejected the submission by the additional solicitor general that Kejriwal should have approached the trial court for bail, stating, “The process of trial should not end up becoming a punishment.”
This ruling marks a significant step for Kejriwal, as he prepares for the upcoming elections in Haryana, free from the constraints of custody.
