Arvind Kejriwal Granted Bail by Supreme Court in CBI Case

The Bail Order and Conditions

The apex court had reserved its verdict on September 5 after hearing arguments from both sides. During the proceedings, CBI counsel Additional Solicitor General SV Raju objected to Kejriwal bypassing the trial court and directly approaching the Delhi High Court, followed by the Supreme Court. However, the court granted him relief in the CBI case, following his arrest on June 26 while in custody for the ED’s investigation.

In granting bail, the Supreme Court reiterated several conditions that Kejriwal must follow:

He is barred from visiting the Delhi Secretariat and the Office of the Chief Minister.
He is not allowed to sign official files unless it is necessary for obtaining clearance or approval from the Lieutenant Governor of Delhi.
Kejriwal is restricted from making any public comments on the merits of the ongoing case.
He must attend all trial court hearings unless formally exempted.
He must avoid any interaction with witnesses or accessing official case files.

Dissent on Arrest Legality

Although both judges agreed to grant bail, they diverged on the legality of Kejriwal’s arrest. Justice Surya Kant upheld the arrest, stating that it did not suffer from procedural irregularities. On the other hand, Justice Ujjal Bhuyan expressed that Kejriwal’s arrest by the CBI was unjustified, specifically noting the timing of the arrest, which occurred immediately after Kejriwal had secured bail in the ED case. Justice Bhuyan emphasized that the CBI should operate independently, without appearing to be influenced, referring to the agency’s controversial past as a “caged parrot.”

Background of the Delhi Excise Policy Case

The case revolves around alleged irregularities in the Delhi government’s 2021-22 excise policy, which was intended to revamp liquor sales in the city. The policy was scrapped after Lieutenant Governor VK Saxena ordered a CBI probe, claiming that kickbacks of ₹100 crore had been paid to finalize the policy. A portion of these funds was allegedly used in the Aam Aadmi Party’s campaign during the 2022 Goa Assembly elections.

Kejriwal’s Arrest History

Kejriwal was initially arrested by the ED on March 21 in a money laundering investigation linked to the same excise policy. Despite receiving interim bail from the Supreme Court on July 12 in the ED case, his subsequent arrest by the CBI on June 26 prolonged his stay in judicial custody until Friday’s release order.

Conclusion

While the Supreme Court’s decision provides a legal reprieve for Arvind Kejriwal, the case is far from over, with ongoing investigations by both the ED and CBI. The court’s bail conditions, particularly those restricting his access to the Chief Minister’s office and the Delhi Secretariat, place significant limitations on his governance duties as the legal process continues.