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Supreme Court (Photo: Shutterstock)
In a big relief for the Aam Aadmi Party (AAP) supremo Arvind Kejriwal, the Supreme Court granted bail to the Delhi Chief Minister on Friday (September 13) in connection with a case registered by the Central Bureau of Investigation (CBI) concerning corruption allegations linked to the now-scrapped Delhi excise policy of 2021-22.
A Bench comprising Justices Surya Kant and Ujjal Bhuyan issued the order, observing that the trial in the matter was unlikely to conclude soon.
SC’s strict words for CBI
Apart from granting bail, the SC came down heavily on the CBI. In his separate judgement, Justice Ujjal Bhuyan criticised the CBI, suggesting that Kejriwal’s arrest following his bail in the Enforcement Directorate (ED) case appeared to be an attempt to prevent his release. According to Justice Bhuyan, the agency did not find it necessary to arrest Kejriwal despite interrogating him in March 2023, and it was only after his arrest in the ED case was stayed that the CBI moved to take him into custody.
“CBI did not feel the need to arrest him though he was interrogated in March 2023 and it was only after his ED arrest was stayed, CBI became active and sought custody of Kejriwal and thus no need of arrest for over 22 months. Such action by CBI raises serious questions on the timing of the arrest and such an arrest by CBI was only to frustrate the bail granted in ED case,” Justice Bhuyan said.
Justice Bhuyan also emphasised that the CBI should not operate like a “caged parrot” and must remain beyond suspicion. He noted, “In a functional democracy governed by the rule of law, perception matters. Like Caesar’s wife, an investigating agency must be above board. Not so long ago, this Court had castigated the CBI comparing it to a caged parrot. It is imperative that CBI dispel the notion of it being a caged parrot. Rather, the perception should be that of an uncaged parrot.”
Justice Kant said a developed legal framework on bail is essential for a progressive society, asserting that prolonged detention during trial cannot be justified.
The Court highlighted that the First Information Report (FIR) was registered in August 2022, and four chargesheets have been filed so far, with the trial court having taken cognisance of the case. Seventeen accused have been named in the case.
Manish Sisodia takes a dig at agencies
AAP leader Manish Sisodia stated during a press conference in Delhi that the Supreme Court’s judgement granting bail to Arvind Kejriwal was significant for several reasons. He expressed that it was a great relief for the Aam Aadmi Party (AAP) and its supporters, calling it an emotional moment as their leader would be released despite what he described as conspiracies by the Bharatiya Janata Party (BJP).
Sisodia further remarked that the ruling was not just about Kejriwal’s bail but also sent a strong message to the BJP to stop what he termed as its dictatorial actions. He characterised the decision as a “tight slap” to the BJP for misusing investigative agencies and turning them into “caged parrots”.
Kejriwal was initially arrested by the ED on March 21, 2024, as part of a money laundering investigation into alleged irregularities in the excise policy. On June 26 this year, while in ED custody, he was arrested again by the CBI in connection with the same case.
The AAP leader faces allegations of receiving kickbacks from businessmen in exchange for providing them favours in the creation and implementation of the now-cancelled excise policy.
[With inputs from PTI]
First Published: Sep 13 2024 | 4:04 PM IST
