SC grants bail to Kejriwal in excise policy case, says 'CBI can't justify arrest & continued detention'

The Supreme Court on Friday granted bail to Delhi Chief Minister Arvind Kejriwal in the now-scrapped excise policy case.

“We direct Arvind Kejriwal to be released on bail subject to bail bonds of Rs 10 lakh,” the SC bench comprising Justices Surya Kant and Ujjal Bhuyan said.

The apex court said that Kejriwal satisfies triple condition for the grant of bail.

Kejriwal moved the apex court with two separate petitions – challenging the denial of bail and against his arrest by the Central Bureau of Investigation (CBI) in the Delhi excise policy case.

SC verdict on Arvind Kejriwal bail 

During the hearing, Justice Bhuyan said, “It appears only after TC granted regular bail to appellant in ED case, that CBI became active and sought custody. It didn’t feel need to arrest for over 22 months. Such action raises serious question on arrest itself.”

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Justice Bhuyan further said,  “As far as grounds of arrest are concerned, these would not satisfy necessity of arrest. CBI can’t justify arrest and continue detention citing evasive replies. Accused can’t be compelled to make inculpatory statement.”

“Travesty of justice to keep appellant in custody on these grounds, especially as he has been granted bail in more stringent PMLA,” Justice Bhuyan further said.

Justice Bhuyan said, “I fail to understand the great urgency on part of CBI to arrest appellant when he was on cusp of release in ED case.”

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‘Belated arrest of appellant unjustified’

“Further detention by CBI under same predicate offense has become untenable. There is presumption of innocence. Bail is the rule and jail an exception. Courts must ensure that pre-trial process does not become punishment,” Justice Bhuyan.

He further said: “Belated arrest of appellant unjustified. This court imposed several conditions in ED case. Though I have serious reservations on conditions which debarred him from entering Secretariat and signing files.”

Pronouncing judgement, Justice Kant said, “In view of separate order passed by J Bhuyan, however, there being concurrent opinion about bail, subject to terms and conditions contained in para 27, judgment of HC of August 5 is set aside. Appellant directed to be released on bail.”

“From our side, we have…office procedure part may take some time,” Justice Kant further said.

The SC bench had reserved its order on September 5 after hearing arguments from Kejriwal’s lawyer Abhishek Manu Singhvi and additional solicitor general SV Raju, who represented the CBI.

Kejriwal had challenged in the SC the August 5 decision of the Delhi High Court which upheld his arrest in the corruption case. The Delhi HC had noted that the loop of evidence against Kejriwal got closed after collection of relevant evidence following his arrest by the CBI and it cannot be said it was without any justifiable reason or illegal.

The high court also granted Kejriwal liberty to approach a trial court with his plea seeking bail in the case.

The Delhi CM and Aam Aadmi Party (AAP) national convener was first arrested by the Enforcement Directorate (ED) on March 21 in a money laundering case connected to the excise policy case.

The CBI arrested him on June 26 in a corruption case. Due to his arrest by the CBI, Kejriwal remained in Tihar Jail despite the Supreme Court granting him bail on July 12.

With inputs from agencies.