The Supreme Court has granted bail to Delhi Chief Minister Arvind Kejriwal in the high-profile Delhi excise policy case. This decision marks a major relief for the Aam Aadmi Party (AAP) leader, who has been in custody for six months since his arrest by the Enforcement Directorate (ED) on March 21, 2023, followed by his arrest by the Central Bureau of Investigation (CBI) in June 2023.
Supreme Court’s Observations on the Arrest
The Supreme Court’s ruling comes with critical observations regarding the legality and justification of Kejriwal’s detention. The court highlighted several key points in its decision:
- Insufficient Grounds for Arrest: The Supreme Court stated, “As far as the grounds of arrest are concerned, they do not meet the requirement of arrest. The CBI cannot justify the arrest by giving evasive answers and cannot continue the detention. And the accused (Mr Kejriwal) cannot be compelled to give a statement.” This remark underscores the court’s view that the legal basis for Kejriwal’s arrest was inadequate and that continuing his detention was unjustified.
- CBI’s Accountability: The court emphasized the need for transparency and accountability from the CBI, noting that “Perception also matters and CBI must dispel the notion of being a caged parrot and must show it is an uncaged parrot. CBI should be like Caesar’s wife, above suspicion.” This statement reflects the court’s concern over the investigative agency’s conduct and its perceived impartiality.
- Trial Process Concerns: Addressing the procedural aspects, the court rejected the argument by the Additional Solicitor General that Kejriwal should have first sought bail from the trial court before approaching the apex court. The Supreme Court noted, “Submission of additional solicitor general cannot be accepted that appellant has to first approach trial court for grant of bail. Process of trial should not end up becoming a punishment. Belated arrest by CBI is not justified.”
Conditions Imposed on Bail
While granting bail, the Supreme Court also outlined specific conditions for Kejriwal:
- Kejriwal has been directed not to make any public comments regarding the case. This measure aims to prevent any potential impact on the ongoing legal proceedings and maintain the integrity of the judicial process. He shall fully cooperate with TC and will not make any comment with regard to his role in the present case.
- The court mandated that Kejriwal be present at all hearings before the trial court unless exempted. This condition ensures that the accused remains accountable and engaged with the legal process.
- He shall be bound by the statement made on his behalf that he shall not sign official files unless it is required and necessary for obtaining clearance/approval of the Lieutenant Governor of Delhi
- He shall not visit the Office of the Chief Minister and the Delhi Secretariat.
- Supreme Court has directed to furnish a surety of Rs. 10 lakhs.
- He will not interact with any of the witnesses and/or have access to any official files connected with the case.
Context of the Excise Policy Case
The Delhi excise policy case revolves around allegations of irregularities in the Delhi government’s liquor policy for 2021-22, which aimed to overhaul the city’s liquor retail framework. The policy was later scrapped following allegations of corruption and kickbacks, prompting investigations by the ED and CBI.
