Supreme Court grants Arvind Kejriwal bail but sets 5 conditions | Top updates
Arvind Kejriwal bail: Justices Surya Kant and Ujjal Bhuyan granted bail to the Delhi CM on furnishing a bail bond of ₹10 lakh, and 2 sureties of like amount.
Arvind Kejriwal bail: The Supreme Court on Friday, September 13, granted bail to Delhi chief minister Arvind Kejriwal in the corruption case lodged by the Central Bureau of Investigation in connection with the excise policy ‘scam’ but barred him from entering the CM's office and signing files.
A bench of Justices Surya Kant and Ujjal Bhuyan granted the relief to Arvind Kejriwal on furnishing a bail bond of ₹10 lakh, and two sureties of like amount.
Arvind Kejriwal, who was arrested by the Enforcement Directorate in the excise policy case on March 21, was granted interim bail on May 10 for campaigning in the Lok Sabha elections and has been in jail since June 2 when he surrendered.
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Some of the bail conditions for Arvind Kejriwal:
- Release subject to a bail bond of ₹10 lakh.
- Arvind Kejriwal cannot make comments about the Delhi excise policy case.
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- Arvind Kejriwal can't enter the chief minister's office or the Delhi secretariat while out on bail.
- The Delhi CM cannot sign official files unless absolutely necessary to obtain the Lieutenant Governor's sanction.
The court also observed that prolonged incarceration amounts to unjust deprivation of liberty.
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Justice Ujjal Bhuyan raises questions on timing of arrest
Justice Ujjal Bhuyan, in a separate judgment, questioned the CBI for arresting Kejriwal, saying that such action by CBI raises serious questions on the timing of the arrest and such an arrest by CBI only fractured the bail granted in the ED case.
Justice Bhuyan said it would be a travesty of justice to keep Arvind Kejriwal incarcerated when he is on bail in the ED case. He further said Arvind Kejriwal was granted bail in the ED case and further detention in the CBI case is wholly untenable.
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Justice Bhuyan also said bail is the rule and jail is an exception. “The process of trial or steps leading to arrest should not become harassment,” said the judge.
The CBI arrest is “unjustified” and thus Kejriwal should be released forthwith, said Justice Bhuyan.
“I fail to understand the CBI's urgency to arrest Kejriwal on cusp of release in the ED case when it did not do so for 22 months,” Justice Bhuyan said.
Judges differed on legality of arrest of Kejriwal by CBI
Justice Kant said a developed jurisprudence on bail was needed for a developed society as prolonged incarceration of accused while trial is on cannot be justified, Bar and Bench reported.
However, despite granting bail unanimously, the judges differed on the legality of arrest of Kejriwal by CBI.
On the legality of his arrest by CBI, 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. 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 Code of Criminal Procedure," the court stated.
When a magistrate has issued a warrant, the investigating agency stands absolved from giving any reason for the same, it added.
"We have held that appellant arrest does not suffer from any procedural flaw. Thus arrest is valid," Justice Kant stated.
However, Justice Bhuyan said that the arrest was not necessary and the power of arrest should not be used for targeted harassment.
Kejriwal's two separate petitions
Arvind Kejriwal has filed two separate petitions challenging the denial of bail and against his arrest by the CBI in the corruption case filed by the central agency.
The AAP chief was arrested by the CBI)on June 26. He has challenged in the Supreme Court the Delhi high court's August 5 order which upheld his arrest in the corruption case.
On July 12, the apex court had granted interim bail to Arvind Kejriwal in the money laundering case.
The top court had referred to a larger bench, preferably of five judges, for in-depth consideration of three questions on the aspect of "need and necessity of arrest" under the Prevention of Money Laundering Act (PMLA).
September 5 hearing in Supreme Court
During the arguments on September 5 on Arvind Kejriwal's plea in the corruption case, the Delhi chief minister had vehemently opposed in the apex court the CBI's contentions that he should have approached the trial court first for bail in the corruption case.
Questioning the maintainability of Arvind Kejriwal's pleas, additional solicitor general SV Raju, appearing for the CBI, had submitted that even in the money laundering case in which he had challenged his arrest by the ED, he was sent back by the apex court to the trial court.