Breaking| Supreme Court Grants Bail To Arvind Kejriwal In CBI's Delhi Excise Policy Case

The Supreme Court has allowed Delhi Chief Minister Arvind Kejriwal's bail plea in the corruption case related to the excise policy scam. However, Justice Surya Kant dismissed Kejriwal's appeal challenging the legality of his arrest in the CBI case, while Justice Ujjal Bhuyan has given a different opinion on the issue.

The Bench headed by Justice Surya Kant said, "Based on arguments, we have framed three questions: Whether there was illegality in arrest; Whether appellant should be allowed regular bail; and Whether filing of chargesheet is change in circumstance enough to relegate to trial court."

Justice Kant in open court pronounced, "No impediment in arresting person already in custody. We have noted that CBI in their application recorded reasons as to why they deemed it necessary. There is no violation of S.41A(iii). We do not find any merit in the contention of the appellant that CBI didn't comply with S.41A CrPC." He also stated that the appellant's arrest does not suffer from illegality.

"Completion of trial is unlikely to end in the immediate future," Justice Kant remarked.

Conclusively, the Court held, "The criminal appeal challenging legality of arrest, we have declined. As regards bail, we have allowed appeal. The High Court order is set aside. We direct the appellant to be released on bail, with two sureties of Rs. 10 lakh each."

Furthermore, the Court directed, "Appellant will not make any public comment on the merits of the case. Conditions imposed in ED matter shall apply in this case also. He shall fully cooperate with the trial court."

The Bench also comprising of Justice Ujjal Bhuyan, rendered a separate opinion on the necessity and timing of arrest. "I have a separate opinion, while concurring with the view of Justice Kant that the appellant should be released. CBI's appearance raises more questions than it answers. It appears only after the Trial Court granted regular bail to the appellant in the ED case that CBI became active and sought custody. It didn't feel like a need to arrest for over 22 months. Such action raises serious question on arrest itself. A view may be taken....as far as grounds of arrest are concerned, these would not satisfy the necessity of arrest. The CBI can't justify arrest and continue detention, citing evasive replies. Accused can't be compelled to make an inculpatory statement," Justice Bhuyan said.

Justice Bhuyan remarked, "I fail to understand the great urgency on part of the CBI to arrest the appellant when he was on the cusp of release in the ED case." He further remarked that the CBI is a premier investigating agency. "It's in the public interest that CBI must be seen to be above...efforts must be made to remove the perception that the investigation was not carried out fairly. Perception matters," he opined.

Pertinently, on September 5, the Bench had reserved order in the bail plea. On August 14, the Court had refused to grant interim bail to Chief Minister Arvind Kejriwal in the corruption case related to the excise policy scam. The Bench had issued notice to the CBI on the Special Leave Petition (SLP) filed by Kejriwal against the Delhi High Court order upholding his arrest by the agency.