In a pivotal ruling on Friday, the Supreme Court of India granted bail to Delhi Chief Minister Arvind Kejriwal in connection with the ongoing investigation into the alleged liquor policy scandal.
The court’s decision featured a significant division in opinion between the two justices who delivered the judgment.
Justice Surya Kant, who was part of the two-judge bench, granted bail to Kejriwal but also dismissed his separate plea challenging the legality of his arrest by the Central Bureau of Investigation (CBI).
Justice Ujjal Bhuyan, in a separate but concurrent opinion, expressed concerns over the timing of the arrest, labeling the CBI’s action as a ‘belated arrest’ and questioning its justification.
The Supreme Court’s decision followed a week of deliberations during which the bench, comprising Justices Kant and Bhuyan, heard arguments from senior advocate Abhishek Manu Singhvi, representing Kejriwal, and Additional Solicitor General (ASG) SV Raju, who appeared for the CBI.
Singhvi: CBI’s Arrest Of Kejriwal Was ‘Insurance Arrest’ To Obstruct Bail
Singhvi argued that the CBI’s arrest of Kejriwal, after a two-year delay, served as an ‘insurance arrest’ intended to obstruct his release in a related money laundering case.
He emphasized that Kejriwal’s non-cooperation was not grounds for self-incrimination, asserting that the Chief Minister met all criteria for bail.
“He is not a flight risk, he will turn up to answer the questions of the investigative agency, and cannot tamper with documents, running into lakhs of pages, and digital evidence after two years,” Singhvi argued.
ASG SV Raju Warns Of Hostile Witnesses If Kejriwal Is Granted Bail
In contrast, ASG Raju raised concerns about the potential impact of Kejriwal’s release on witness testimonies.
He warned that witnesses might become ‘hostile’ if Kejriwal were granted bail and suggested that Kejriwal’s request for bail should have been addressed by the trial court rather than the Supreme Court.
Raju added, “They (witnesses) will turn hostile if your lordships release Kejriwal on bail.”
He argued that while the arrest was part of the investigative process, the court’s prior order had sanctioned the action, thereby negating claims of fundamental rights violations.
Recently, the Supreme Court had also granted bail to other key figures in the excise policy case, including senior AAP leader and former Delhi Deputy Chief Minister Manish Sisodia, BRS leader K Kavitha, and AAP’s former communication head Vijay Nair.
On 12 July, the Supreme Court had previously granted interim bail to Kejriwal in a separate money laundering case filed by the Enforcement Directorate (ED), although he remained incarcerated due to the CBI’s arrest.
Currently, Kejriwal’s judicial custody, extended until 25 September, continues following a Delhi court’s decision.
The Chief Minister appeared via video link from Tihar Jail for the court proceedings.
As the legal proceedings continue, the Supreme Court’s decision marks a significant development in the high-profile corruption case involving one of Delhi’s most prominent political figures.
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