The Supreme Court’s decision to grant bail to Delhi Chief Minister Arvind Kejriwal in the Delhi excise policy case

Admin September 13, 2024 National

The Supreme Court’s decision to grant bail to Delhi Chief Minister Arvind Kejriwal in the Delhi excise policy case comes as a significant relief just ahead of the Haryana elections. Kejriwal was arrested by the Enforcement Directorate in March 2024 and later by the CBI in June. However, the court had several critical observations about the arrest and the role of investigative agencies like the CBI.

Key Observations by the Supreme Court:

  • CBI Must Maintain Independence: The court emphasized that perception plays a crucial role, noting that the CBI must shake off any image of being a “caged parrot.” It stressed that the investigative body must act “above suspicion,” much like Caesar’s wife, in maintaining integrity and independence.
  • Arrest of Kejriwal Valid: Justice Surya Kant noted that there was no impediment in arresting a person already in custody. The court reviewed the CBI’s reasons and found no violation of Section 41A(3) of the Code of Criminal Procedure, concluding that the arrest followed due process.
  • Timing of the Arrest Questioned: Justice Ujjal Bhuyan raised concerns over the CBI’s delayed actions. The CBI interrogated Kejriwal in March 2023 but only moved to arrest him after his ED arrest was stayed. This 22-month gap between interrogation and arrest was questioned, with Justice Bhuyan implying that the timing appeared politically motivated, potentially to frustrate the bail granted in the ED case.
  • Process Shouldn’t Become Punishment: The court rejected the argument by the Additional Solicitor General that Kejriwal should first seek bail from the trial court, emphasizing that the trial process should not become a form of punishment in itself. It ruled that the CBI’s delayed arrest was unjustified.
  • Kejriwal’s Public Comments Restricted: The court ordered that Kejriwal should refrain from making any public statements about the case while out on bail. It also instructed that he must be present for all trial court hearings unless officially exempted.

The ruling comes at a critical time for Kejriwal, allowing him to shift focus back to his political agenda as he prepares for the Haryana elections.

News by Prime Time Today