Arvind Kejriwal Gets Bail, But Can't Visit His Office Or Comment On Liquor Policy Case

Delhi Chief Minister Arvind Kejriwal was on Friday granted bail by the Supreme Court, in the Central Bureau of Investigation (CBI) FIR linked to the excise policy scam. Kejriwal had filed two petitions in the court, challenging his arrest and seeking bail in the case.

A bench of Justices Surya Kant and Ujjal Bhuyan heard the case and granted bail to the Chief Minister on a bail bond of Rs 10 lakh, and two sureties. During the previous hearing, on September 5, the bench had reserved the judgment in the case.

KEJRIWAL CANNOT VISIT HIS OFFICE OR SECRETARIAT

While granting bail, the Supreme Court directed Kejriwal not to make any public comment on the merits of the case and added that terms and conditions as imposed in the Enforcement Directorate (ED) case would also be applicable in this case too.

The court said that Kejriwal cannot visit his office or the Delhi Secretariat and not sign any official file unless absolutely necessary to obtain the Lieutenant Governor’s sanction.

It said completion of the trial was unlikely to occur in the immediate future and rejected the apprehension of tampering by Kejriwal.

TWO JUDGES, TWO JUDGMENTS

While Justice Kant held there were no procedural irregularities in Arvind Kejriwal’s arrest, Justice Bhuyan questioned the Chief Minister’s arrest and said the CBI should not be perceived as making arrests in a high-handed manner. Justice Bhuyan also said the Chief Minister’s arrest by the CBI was only to frustrate the bail granted to him in the money laundering case.

Justice Kant said there was no merit in the contention that the CBI failed to comply with the mandate of Section 41 of the Code of Criminal Procedure while arresting him.

However, both the judges were unanimous in the decision to grant bail to Kejriwal considering the fact that the chargesheet has been filed in the case and that the trial is unlikely to be completed in the near future.

ARREST IS VALID, SAID JUSTICE KANT

While pronouncing the judgment, Justice Kant held that it was valid and in compliance with relevant procedural laws.

“There is no impediment in arresting a person who is already in custody for another case for purposes of investigation. The CBI in their application has noted why the arrest was necessary and since there was a judicial order. There was no violation of Section 41(A)(3) of the Code of Criminal Procedure,” he said.

“When a Magistrate has issued a warrant, the investigating agency stands absolved from giving any reason for the same,” Justice Kant said.

“We have held that appellant arrest does not suffer from any procedural flaw. Thus arrest is valid,” he added.

JUSTICE BHUYAN QUESTIONS ARREST

“It appears only after the trial court granted regular bail to the appellant in the ED case, that the CBI became active and sought custody. It didn’t feel the need to arrest Arvind Kejriwal for over 22 months,” Justice Bhuyan said, as he questioned the Chief Minister’s arrest.

“Such action raises serious questions on the arrest itself…. I fail to understand the great urgency on the part of CBI to arrest the appellant when he was on the cusp of release in ED case,” he said, adding, “The arrest of the appellant is unjustified.”

Justice Bhuyan also held that the arrest by the CBI was only to frustrate the bail granted to Kejriwal in the ED’s money laundering case.

“When Kejriwal was already granted bail in the money laundering case despite the stringent conditions under the Prevention of Money Laundering Act (PMLA), his further detention in the predicate offence (CBI Case under the Prevention of Corruption Act) has become untenable. It is a travesty of justice to keep the appellant in custody on these grounds, especially as he has been granted bail in a more stringent PMLA case, Justice Bhuyan observed.

He also expressed reservations about the bail condition that Kejriwal should not visit the Chief Minister’s Office or the Secretariat. However, he chose not to pass any direction in that regard having regard to judicial discipline and reverence for a direction passed by a coordinate bench.

Justice Bhuyan also reminded the CBI of its duty to ensure that its investigations are fair.

VICTORY OF TRUTH: AAP

Soon after Arvind Kejriwal was granted bail, the Aam Aadmi Party (AAP) hailed the court’s verdict and termed it a “victory of truth”.

In a video, the Chief Minister’s wife, Sunita Kejriwal, was seen distributing sweets to AAP workers.

In a post on X, the Aam Aadmi Party (AAP) wrote, “Satyamev Jayate, Arvind Kejriwal gets bail after Hon’ble Supreme Court puts an end to BJP’s conspiracy to finish off AAP through the fake Delhi excise policy case. SC reminds BJP-ruled Centre of its 2013 comment that CBI has become a “caged parrot”.”

Former Deputy Chief Minister Manish Sisodia, who was recently granted bail in the excise policy case, in an X post wrote, “Today truth won again in the fight against lies and conspiracies. I once again pay my tribute to the thinking and foresight of Baba Saheb Ambedkar ji, who 75 years ago had strengthened the common man against any future dictator.”

AAP Rajya Sabha MP Raghav Chadha also thanked the top court for the decision.

Talking to reporters, AAP leader Saurabh Bharadwaj said all party workers will welcome Kejriwal, some at his residence, some are already outside the Tihar Jail.

In a post on X, Delhi Minister Atishi said, “Satyamev Jayate. Truth can be troubled, not defeated.”

ARVIND KEJRIWAL’s ARREST

Arvind Kejriwal was arrested by the ED in the excise policy case on March 21. He was granted interim bail on May 10 for campaigning in the Lok Sabha polls and has been in jail since June 2 when he surrendered.

The CBI arrested Kejriwal on June 26 while he was already in judicial custody.

On August 5, the Delhi High Court rejected Kejriwal’s petition against his arrest and asked him to approach the trial court for bail. Subsequently, Kejriwal filed an appeal before the top court.

AAP leaders including Manish Sisodia and Sanjay Singh were earlier granted bail by the Supreme Court in the same case.

AAP communications-in-charge Vijay Nair and Bharat Rashtra Samithi (BRS) leader K Kavitha were also granted bail by the top court in the case recently.

THE LIQUOR POLICY CASE

The Delhi liquor policy case involves allegations that several AAP leaders, including Arvind Kejriwal, were involved in deliberately leaving loopholes in the excise policy in exchange for kickbacks from liquor lobbies.

The investigation agencies have alleged that the funds garnered from this exercise were used to fund the AAP’s election campaign in Goa.

The case is being probed by both the CBI and the ED.