Arvind Kejriwal gets bail, but Supreme Court split on legality of CBI's arrest
Arvind Kejriwal gets bail, but Supreme Court split on legality of CBI's arrest
M.U.H
13/09/2024103
Six months after he was first arrested in the alleged Delhi liquor policy scam, Chief Minister Arvind Kejriwal was granted bail by the Supreme Court in the CBI case on Friday. However, despite granting bail unanimously, the two Supreme Court judges differed on the legality of the arrest of Kejriwal by the CBI.
The AAP chief will now walk out of jail after already having been granted interim bail in the ED's money laundering case. Kejriwal becomes the fifth high-profile leader to get bail in the case after AAP leaders Manish Sisodia, Sanjay Singh, Vijay Nair and Bharat Rashtra Samithi's K Kavitha.
Justice Surya Kant said prolonged imprisonment "amounts to unjust deprivation of liberty" but held that the arrest of Kejriwal was legal and did not suffer from any procedural irregularity. However, Justice Ujjal Bhuyan had a differing view, saying the arrest by the CBI was "unjustified".
Justice Kant said the court would bend towards liberty when trial is derailed and underscored the legal norm of "bail is rule and jail is an exception".
"The appellant's arrest does not suffer from illegality. The issue is of liberty... integral to sensitised judicial process. Prolonged incarceration amounts to unjust deprivation of liberty," Justice Kant said.
'CBI MUST NOT FUNCTION LIKE A CAGED PARROT'
On the other hand, Justice Bhuyan came down heavily on the CBI, saying Kejriwal's arrest after he secured bail in the ED case was only to frustrate the AAP chief's release from prison.
He noted that the CBI did not arrest Kejriwal for 22 months and arrested the Chief Minister on the cusp of his release in the ED case.
"Such action by CBI raises serious questions about the timing of the arrest and such an arrest by CBI was only to frustrate the bail granted in the ED case," Justice Bhuyan said.
He further said that the CBI must not function like a caged parrot and must be above all suspicions.
"CBI must be seen above board and every effort must be made so that the arrest is not in a high-handed manner. Perception matters and the 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," Justice Bhuyan said.
The 'caged parrot' remark was first made by the Supreme Court 11 years back while pulling up the CBI for government interference in its report on the allocation of coal blocks, a case dubbed 'coalgate' by the media. Justice RM Lodha said the CBI was a "caged parrot" that "speaks in its master's voice".
IMPLICATIONS OF KEJRIWAL RELEASE
Kejriwal's release will come as a shot in the arm for the AAP ahead of the Haryana Assembly election, where the party is gearing up to challenge the incumbent BJP and its INDIA bloc partner Congress.
Moreover, the crucial Delhi Assembly elections are also due next year, with the AAP looking to secure a third consecutive term.
The AAP chief was granted relief on a bail bond of Rs 10 lakh and was directed not to make any public comment on the merits of the case. He has also been barred from visiting the Delhi Secretariat and signing official files.
ARVIND KEJRIWAL BAIL: A LOOK AT THE ARGUMENTS
The Delhi Chief Minister was first arrested by the ED on March 21 in a money laundering case stemming from the alleged liquor policy scam. He was arrested by the CBI in a corruption case on June 26 while he was in the custody of the ED.
Weeks later, on July 12, Kejriwal was granted interim bail by the Supreme Court in the ED case. However, he remained lodged at Tihar Jail due to his arrest by the CBI.
During the hearing in the Supreme Court, Kejriwal, who suffers from type II diabetes, termed the CBI's move an "insurance arrest" designed to keep the AAP chief behind bars.
Abhishek Manu Singhvi, the lawyer of choice for opposition parties and their leaders in times of crisis, also said Kejriwal, being a "constitutional functionary", cannot be a flight risk and there is no risk of tampering with the evidence.
The CBI, represented by Additional Solicitor General SV Raju, claimed that a big chunk of the kickbacks received from the excise policy was used by AAP in the Goa Assembly polls in 2022.
