It is a victory day for AAP, as the Supreme Court on Friday (Sep 12) granted bail to the Delhi Chief Minister Arvind Kejriwal on the Delhi Excise Policy Case. Kejriwal had submitted two petitions to the court, contesting his arrest and requesting bail in the CBI case.
The matter was reviewed by Justices Surya Kant and Ujjal Bhuyan, who subsequently granted the Chief Minister bail on the condition of a Rs 10 lakh bond and two sureties. At the prior hearing on September 5, the court had reserved its decision on the case.
However, amid the hearing of the case, Justice Bhuyan says CBI is wrong to say that its arrest of #ArvindKejriwal is justified since he gave “evasive” replies and was not cooperating with the investigation.
Accused has the right to remain silent, cooperation with the investigation doesn’t mean giving the answers the investigating agency desires – Justice Bhuyan.
Justice Bhuyan says CBI is wrong to say that its arrest of #ArvindKejriwal is justified since he gave “evasive” replies and was not cooperating with the investigation.
Accused has the right to remain silent, cooperation with investigation doesn’t mean giving the answers the… pic.twitter.com/TdWPwKEBQi
— Live Law (@LiveLawIndia) September 13, 2024
Justice Bhuyan’s statement emphasizes that an accused individual has the fundamental right to remain silent when under investigation. This right is protected by law and means that the accused does not have to answer questions or provide information if they choose not to.
Furthermore, Justice Bhuyan is clarifying that merely cooperating with an investigation does not imply that the accused must provide answers or information that the investigating agency specifically wants. Cooperation can involve other forms of assistance, such as providing documents or allowing searches, but it does not obligate the accused to self-incriminate or give responses that could be used against them. Essentially, while the accused should engage with the investigation process, they are not required to waive their right to remain silent or provide answers that might be detrimental to their case.
Also Read: ‘Satyamev Jayate’, AAP Celebrates Victory On Arvind Kejriwal’s Bail
