The Supreme Court on Friday granted bail to Delhi Chief Minister Arvind Kejriwal in connection with the Delhi liquor policy case. The Supreme Court’s ruling came after a two-judge bench heard arguments and reserved judgment on September 5. The ruling not only granted Kejriwal bail but also shed light on the judicial perspectives regarding the legality and timing of his arrest. The case has broader implications for political leaders facing similar charges. Here’s a detailed breakdown of the apex court’s verdict:
1. Bail granted: The Supreme Court’s decision to grant bail to Kejriwal follows his legal challenge to the CBI’s arrest concerning the Delhi liquor policy scandal.
2. Judicial bench: The verdict was delivered by a bench comprising Justices Surya Kant and Ujjal Bhuyan. The case was reserved for judgment on September 5.
3. Justice Kant’s ruling: Justice Kant upheld the legality of Kejriwal’s arrest ruling that it did not suffer from procedural irregularities. He dismissed claims that the CBI had violated procedural mandates.
4. Justice Bhuyan’s concerns: Justice Bhuyan, while agreeing to grant bail, questioned the necessity of Kejriwal’s arrest. He suggested that the timing of the arrest seemed to aim at undermining Kejriwal’s bail in a related money laundering case.
5. Conditions of bail: The apex court’s bail conditions mirror those imposed in Kejriwal’s interim bail in the Enforcement Directorate case. Notably, Kejriwal is restricted from visiting the Chief Minister’s Office or Delhi Secretariat and can only sign official documents with prior approval from the Lieutenant Governor of Delhi.
6. Reason for arrest: Justice Bhuyan criticised the timing of the arrest indicating that the CBI’s sudden action seemed aimed at thwarting Kejriwal’s bail from a different case rather than addressing any immediate legal necessity.
7. Impact on custody: Given that Kejriwal was granted bail in the more stringent money laundering case under the Prevention of Money Laundering Act, Justice Bhuyan argued that it was untenable to continue his detention in the CBI case.
8. CBI’s role: Justice Bhuyan emphasised the need for the CBI to maintain fairness and transparency in its investigations. He urged the agency to avoid any perception of bias and ensure that its actions uphold the principles of justice.
9. Previous cases: This ruling follows similar bail grants in the liquor policy case for other co-accused such as Manish Sisodia, K Kavitha, Vijay Nair and Sanjay Singh, who were all granted bail earlier this year by the Supreme Court.
10. Context of arrest: Kejriwal’s formal arrest by the CBI on June 26, 2024, occurred while he was already in custody due to the ED’s involvement in the same case. Despite receiving interim bail in the ED case on July 12, Kejriwal’s continued detention was due to the CBI case.
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Delhi liquor policy case: 10 key highlights from SC verdict on Arvind Kejriwal’s bail
