Big relief for Arvind Kejriwal as Supreme Court grants bail in Delhi liquor policy case

Delhi chief minister Arvind Kejriwal

The Supreme Court on September 13 granted bail to Delhi chief minister and Aam Aadmi Party (AAP) national convener Arvind Kejriwal in a corruption case registered by Central Bureau of Investigation (CBI) in the alleged excise policy scam.

A bench of Justices Surya Kant and Ujjal Bhuyan granted the relief to Kejriwal on a bail bond of Rs 10 lakh, and two sureties.

On September 5, the bench had reserved its verdict on Kejriwal's pleas. The chief minister filed two separate petitions before the apex court -- one challenging the legality of his arrest by the central agency and a second plea seeking bail. While the second one was allowed, the former was denied.

The AAP chief was arrested by the CBI on June 26 while he was in custody of the Enforcement Directorate (ED) in the money laundering case arising out of the alleged liquor policy scam.

On July 12, the top court granted him bail in the money laundering case. The top court had referred to a larger bench, preferably of five judges, for in-depth consideration of three questions on the aspect of "need and necessity of arrest" under the Prevention of Money Laundering Act (PMLA).

What did the Supreme Court say?

• CBI did not feel the need to arrest him though he was interrogated in March 2023 and it was only after his ED arrest was stayed, CBI became active and sought custody of Kejriwal and thus no need of arrest for over 22 months, the top court said, according to a report by Bar and Bench.
• It further stated that such an action by CBI raises serious question on the timing of the arrest and such an arrest by CBI was only to frustrate the bail granted in ED case.
• The top court said prolonged incarceration amounts to unjust deprivation of liberty.
• CBI must dispel notion of being a caged parrot, must show it is an uncaged parrot, said Justice Bhuyan
• The top court reiterated that bail is the rule and jail is an exception. Justice Bhuya stated that process of trial or steps leading to arrest should not become harassment.

The matter relates to alleged corruption in the formulation and execution of the Delhi government's excise policy for 2021-22, which has now been scrapped.

The ED lodged a separate money laundering case linked to the alleged excise policy 'scam'.

According to the CBI and the ED, irregularities were committed while modifying the excise policy and undue favours extended to licence holders.

The ED had on March 21 arrested Kejriwal in connection with the money laundering case.

During the arguments on September 5 on Kejriwal’s plea in the corruption case, the chief minister had vehemently opposed in the apex court the CBI's contentions that he should have approached the trial court first for bail in the corruption case.

Questioning the maintainability of Kejriwal's pleas, Additional Solicitor General S V Raju, appearing for the CBI, had submitted that even in the money laundering case in which he had challenged his arrest by the ED, he was sent back by the apex court to the trial court.

(With agency inputs)