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'CBI's arrest was perhaps to frustrate bail to Arvind Kejriwal in ED case': Supreme Court's strong words in bail order
The Supreme Court added that prolonged incarceration amounts to unjust deprivation of liberty.
The Supreme Court on Friday granted bail to Delhi Chief Minister and AAP national convener Arvind Kejriwal in a corruption case registered by the Central Bureau of Investigation in the alleged excise policy scam.
Granting Arvind Kejriwal bail, Justice Ujjal Bhuyan observed, “The CBI's arrest was perhaps only to frustrate the grant of bail to Kejriwal in the Enforcement Directorate case.”
The two-judge bench of the Supreme Court added that prolonged incarceration amounts to unjust deprivation of liberty.
Justice Surya Kant, in his his judgment, said there are three issues framed in the case. On the issue of procedural violations, he rejected Arvind Kejriwal's plea regarding arrest by the CBI in the excise policy case.
Justice Bhuyan concurred with Justice Kant on granting regular bail to Arvind Kejriwal.
Arvind Kejriwal was arrested by the ED on March 21, 2024, in connection with a money laundering probe relating to alleged irregularities in the now-cancelled Delhi excise policy 2021-22. On June 26, 2024, the AAP chief was arrested by the CBI while he was in custody of the ED in the excise case.
The Supreme Court had reserved the verdict on September 5 after hearing counsels representing Arvind Kejriwal and CBI.
During the hearing of the case, additional solicitor general SV Raju, appearing for CBI, objected to Arvind Kejriwal for not approaching the trial court for bail. Arvind Kejriwal had directly approached the Delhi high court for bail and then moved to the apex court.
On August 5, the Delhi high court upheld the arrest of the chief minister as "legal." It had dismissed Arvind Kejriwal's plea challenging his arrest, saying it was only after sufficient evidence was collected and sanction was obtained in April 2024 that the CBI proceeded with further probe against him.
The Delhi high court had said there was no malice in the acts of the CBI, which demonstrated how Kejriwal could influence witnesses who could muster the courage to depose only after his arrest. It had said Kejriwal is not an ordinary citizen but a distinguished recipient of the Magsaysay Award and the convenor of the Aam Aadmi Party.
"The control and the influence which he has on the witnesses is prima facie borne out from the fact that these witnesses could muster the courage to be a witness only after the arrest of the petitioner, as highlighted by the special prosecutor," it had said in its order.
