In a major relief for the Delhi Chief Minister, the Supreme Court on Friday granted bail to Arvind Kejriwal in the excise policy-linked CBI case. Arvind Kejriwal walked out of the Tihar jail on Friday evening, with a rousing welcome by his supporters.
A bench of Justices Surya Kant and Ujjal Bhuyan heard the bail plea filed by Kejriwal in connection with the matter and directed for him to be released on bail subject to bonds of Rs 10 lakhs.
Kejriwal was arrested by the ED in connection with a money laundering case linked to the now scrapped excise policy case on March 21 this year. The CBI was also arrested him in the case on June 26.
Following his arrest, the Delhi CM was sent to judicial custody and lodged in the national capital's Tihar Jail for the same.
While hearing the plea, Justice Kant noted that the FIR was registered on August 2022 and the 4 chargesheets that have been filed. He said that the trial court has taken cognisance and 17 accused are to be examined, adding that the completion of trial is "unlikely in the near future".
"Kejriwal satisfies the triple condition for the grant of bail and we order accordingly," Justice Kant said.
'ARREST IS VALID'
However, while hearing the Delhi CM's bail plea, Justice Kant noted that there is no impediment in arresting a person who is already in custody for another case for investigation purposes.
"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)," Kant was quoted as saying by Bar and Bench.
He observed that there is no merit in the argument that Section 41(a)(3) was not complied with. "When a magistrate has issued a warrant the IO stands absolved from giving any reason for the same. We have held that appellant arrest does not suffer from any procedural flaw. Thus arrest is valid," the top court bench said.
'ONLY TO FRUSTRATE BAIL IN ED CASE'
The top court observed that the Aam Aadmi Party supremo's arrest by the Central Bureau of Investigation (CBI) was only to frustrate the bail granted to him in the Enforcement Directorate (ED) case.
Justice Ujjal Bhuyan stated, "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."
Justice Bhuyan said that such an action by the federal agency raises serious questions over the timing of Kejriwal's arrest.
He said that the arrest powers should be used sparingly, adding that "unnecessary arrest of a person for even one day is one day too many". Justice Bhuyan observed that the belated arrest of the Delhi CM by CBI "is unjustified".
The apex court observed that his right to silent does not mean that he is being evasive and "no adverse inference can be drawn from silence of accused".
"It will be a travesty of justice to keep Kejriwal incarcerated when he is on bail in ED case," bench said.
Referring to the Arnab Goswami case, the top court said it was "held that law cannot be used for targeted harassment".
'BAIL IS RULE, JAIL IS EXCEPTION'
The Supreme Court bench noted that ASG Raju had strenuously argued that Kejriwal has to first approach the trial court for bail. Justice Bhuyan said that such a submission is not acceptable, adding that when the AAP chief has been granted bail in the ED case, detaining him any further in the case "is wholly untenable".
"Thus bail is the rule and jail is an exception. Process of trial or steps leading to arrest should not become harassment. Thus CBI arrest is unjustified and thus the appellant should be released forthwith," the apex court said in its judgment.
BAIL CONDITIONS
The top court dictated that Kejriwal cannot make any comments on the merits of the excise policy case while being out on bail.
"Regarding building a public narrative of a case...Arvind Kejriwal shall not make any public comments about this case and be present for all hearings before trial court unless exempted," Justice Kant stated.
Later, Justice Bhuyan said that he has serious reservations on the conditions imposed on Kejriwal, which bar him from entering the secretariat or sign files. However, he said, due to "judicial restraint" he would refrain from making any comments on the conditions as it was in a separate ED case.
'CBI SHOULD BE LIKE CAESAR'S WIFE'
The apex court observed that the CBI must be seen above board and every effort should be made to ensure that arrest is not in a "high handed manner".
Perception is important in a nation and so, CBI "must dispel the notion of being a caged parrot and must show it is an uncaged parrot. CBI should be like Caesar's wife, above suspicion", the top court bench said.
WHAT IS THE CASE | BRIEF RECAP
The case pertains to alleged corruption and money laundering in the formulation and execution of the Delhi government's excise policy for 2021-22, which was later scrapped. AAP leaders Manish Sisodia and Sanjay Singh were also arrested in connection with the case. Both the leaders are currently out on bail.
Notably, Kejriwal's name has been mentioned several times in the charge sheets filed by both federal probe agencies.
It was alleged that the accused in the case were in communication with Kejriwal during the formulation of the excise policy, resulting in undue benefits for them in exchange for kickbacks paid to the Aam Aadmi Party.
