'CBI must dispel notion of being caged parrot': SC's top remarks while granting bail to Arvind Kejriwal

SC granted bail to Kejriwal in the liquor policy case

In a big relief to Arvind Kejriwal, the Supreme Court on Friday granted bail to the Delhi chief minister in the liquor policy case and held that the CBI's arrest was "unjustified". The AAP chief was earlier granted bail in the Enforcement Directorate (ED) case.

Pronouncing the verdict, a bench of Justices Surya Kant and Ujjal Bhuyan questioned CBI for arresting the Delhi chief minister when he was about to get bail in the ED case and said that the agency must dispel the notion of being a "caged parrot".

It also reiterated that "bail is the rule and jail is an exception". The top court had made similar remarks while granting bail to former Delhi deputy chief minister Manish Sisodia.

Here are the highlights of Supreme Court's order on Kejriwal's bail plea:

* The top court said that it is a travesty of justice to keep Kejriwal in custody when he has got bail in the ED case on the same grounds.

* The court said that prolonged incarceration amounts to unjust deprivation of liberty.

"Issue of bail is of liberty, expanded to say that prolonged incarceration amounts to unjust deprivation of liberty. Courts would bend towards liberty, unless the release will hurt the trial, or hurt society. 17 people have been named, extensive documents have been submitted. Completion of trial is unlikely in the immediate future."

* Justice Ujjal Bhuyan said that CBI must dispel the notion of being a "caged parrot" and must show that it's an "uncaged parrot".

"CBI is a premier investigating agency. It's in public interest that CBI must be seen to be above ... effort must be made to remove perception that investigation not carried out fairly. Perception matters ... CBI should be like Caesar's wife, above suspicion," the court said.

* The court also said that bail is the rule and jail is an exception, adding that the process of trial or steps leading to the arrest should not turn into harassment.

* The court also questioned CBI for the timing of Kejriwal's arrest.

"When the CBI did not feel the necessity to arrest the appellant for 22 long months, I fail to understand the great hurry and urgency to arrest the appellant when he was on the cusp of release in the ED case," Justice Bhuyan said.

* Justice Bhuyan  said that CBI can't justify arrest and continue detention citing "evasive replies" by Kejriwal. It said that completion of trial was unlikely to occur in the immediate future and rejected the apprehension of tampering by Kejriwal.

* Justice Bhuyan expressed reservations on the bail conditions imposed in the ED case on Kejriwal which bar him from entering the CM's office and signing files. However, he refused to comment on the conditions owing to "judicial discipline" as it was in separate ED case.

Delhi liquor policy case

Kejriwal was arrested by the Central Bureau of Investigation (CBI) on June 26 in connection with the liquor policy case.

He was earlier arrested on March 21 by the ED but was later granted bail in that case.

The CBI case in the top court dragged on for several weeks with the Delhi chief minister filing two separate petitions challenging the denial of bail and against his arrest by the agency.

According to the CBI and the ED, irregularities were committed while modifying the excise policy and undue favours extended to licence holders. AAP has denied the allegations, saying the the cases are "politically motivated".