New Delhi: The Supreme Court on Friday (September 13) granted bail to Delhi Chief Minister and Aam Aadmi Party (AAP) national convenor Arvind Kejriwal in an excise policy-linked corruption case lodged by the Central Bureau of Investigation (CBI) in connection with alleged irregularities in the formulation and implementation of the 2021-22 Delhi Excise Policy.
A bench comprising Justice Surya Kant and Justice Ujjal Bhuyan delivered the verdict.
Justice Surya Kant, reading the judgment said that Kejriwal’s arrest does not suffer from illegality. He further said that prolonged incarceration amounts to unjust deprivation of liberty and completion of trial unlikely to occur in immediate future.
Kejriwal had moved the apex court against the Delhi High Court orders seeking quashing of his arrest by the CBI and grant of bail in the corruption case. The High Court, dismissing his plea, upheld his arrest by the CBI in the corruption case and granted him liberty to approach the trial court for bail.
Apex court reserved order on September 5
The apex court bench reserved its verdict on September 5 after hearing submissions from senior advocate Abhishek Manu Singhvi, who appeared for the Delhi Chief Minister, and Additional Solicitor General (ASG) SV Raju, who appeared for the CBI.
What did Kejriwal submit before apex court?
Singhvi, during the arguments on hearing on Kejriwal’s pleas, raised questions on the arrest of the Delhi Chief Minister by the CBI in the corruption case and termed his arrest an “insurance arrest”. He argued that Kejriwal was arrested by the CBI to ensure that he is kept inside the jail after getting bail in the excise policy-linked money laundering case. He further submitted that the CBI did not arrest Kejriwal for nearly two years in the alleged corruption case and an “insurance arrest” was made by the CBI on June 26 after he was granted regular bail in the money laundering case filed by the Enforcement Directorate (ED).
Singhvi further argued before the court that the CBI did not serve notice to Kejriwal before his arrest in the CBI case and an ex-parte arrest order passed by the trial court. Urging the top court to grant him bail, Singhvi submitted that that he is a constitutional functionary and was not a flight risk, was not named in the CBI FIR and has been granted bail in the harsher money laundering court by the trial court and the Supreme Court.
CBI opposed Kejriwal’s pleas
ASG Raju opposed the pleas of Kejriwal and raised questions on the maintainability of Kejriwal’s plea seeking bail without approaching the trial court and said that he should approach the trial court for grant of bail. ASG Raju further said that notice to Kejriwal was not issued by the CBI as he was already in judicial custody in the money laundering case.
Kejriwal was first arrested by the ED in money laundering case on Marchh 21
Kejriwal, who is currently lodged in judicial custody in Tihar Jail in the CBI case, was first arrested by the ED in the money laundering case on March 21 and later, the CBI arrested him in the corruption case on June 26. The apex court earlier on July 12 granted Kejriwal bail in the excise policy-linked money laundering case.