‘Arrest By CBI Was Valid And In Compliance With Relevant Procedural Laws,’ Supreme Court Observes While Granting Bail To Arvind Kejriwal

The Supreme Court, while granting bail to Delhi Chief Minister and Aam Aadmi Party (AAP) leader Arvind Kejriwal on Friday, observed that Kejriwal’s arrest by the CBI was lawful and complied with procedural requirements.

A bench comprising Justices Surya Kant and Ujjal Bhuyan passed the order in a case filed by the Central Bureau of Investigation (CBI) regarding corruption allegations related to the now-canceled Delhi excise policy of 2021-22.

Kejriwal had submitted two petitions to the Supreme Court: one challenging the legality of his arrest and the other seeking bail. While the Court approved the bail plea, it dismissed the challenge to the arrest.

Arvind Kejriwal’s arrest was valid and free from procedural defects: Supreme Court

The Court noted that there was no barrier to arresting someone already in custody for another case if needed for investigation. CBI had explained why the arrest was necessary, and as there was a judicial order, there was no breach of Section 41(A)(3) of the Code of Criminal Procedure. Additionally, once a Magistrate issues a warrant, the investigating officer is not obligated to provide further justification.

The Supreme Court confirmed that the arrest was valid and free from procedural defects. Kejriwal’s appeal followed the Delhi High Court’s August 5 decision, which rejected his petitions and instructed him to approach the trial court for bail.

Read More: Bail Granted! Delhi CM Arvind Kejriwal Gets Bail In The Excise Policy Case

“The Supreme Court may have granted bail to Delhi CM Arvind Kejriwal but the Apex Court has declined the plea challenging the legality of the arrest. So, prima facie there is voluminous evidence against Kejriwal. It is only a matter of time before he is convicted and back in jail,” Amit Malviya tweeted.

What is the case against Arvind Kejriwal?

Kejriwal had been arrested by the CBI on June 26 while in judicial custody due to a money laundering investigation led by the Enforcement Directorate (ED) related to the same corruption case.

The charges against Kejriwal involve alleged irregularities in drafting the 2021-22 excise policy, with claims that AAP leaders, including Kejriwal, deliberately left gaps in the policy in exchange for kickbacks from liquor lobbies. The investigation suggests these funds were used to support AAP’s election campaign in Goa. Both the CBI and ED are investigating the case.

Kejriwal had been initially arrested by the ED on March 21 and was later granted interim bail by the Supreme Court. However, he remained in jail as the CBI arrested him on June 26 while he was still in judicial custody concerning the ED case.

High court had directed Arvind Kejriwal to get bail from trial court

Instead of first approaching the trial court, Kejriwal directly sought bail from the High Court, which denied his request and directed him to seek bail from the trial court. His plea to declare the arrest illegal was also dismissed.

During the September 5 hearing, the CBI argued that Kejriwal should have gone to the trial court for bail and claimed that his release might lead to evidence tampering and disruption of their ongoing investigation. The agency also suggested that granting bail might undermine the authority of the Delhi High Court.

Other leaders, including AAP members Manish Sisodia and Sanjay Singh, as well as AAP communications head Vijay Nair and Bharat Rashtra Samithi leader K Kavitha, were also recently granted bail by the Supreme Court in connection with this case.

Also Read: Supreme Court Grants Bail to Delhi CM Arvind Kejriwal; Key Quotes By The SC From The Verdict