Supreme Court Grants Bail to Delhi CM Arvind Kejriwal in Delhi Liquor Policy Case

Justice Bhuyan criticizes CBI’s “belated” arrest, questions necessity, while Justice Kant maintains procedural validity in the liquor policy case.

New Delhi – In a significant development, the Supreme Court of India today granted bail to Delhi Chief Minister Arvind Kejriwal in connection with the Central Bureau of Investigation (CBI) case concerning the alleged Delhi liquor policy scam. The verdict comes after Kejriwal’s petition challenging his arrest and seeking bail was heard by a bench comprising Justices Surya Kant and Ujjal Bhuyan, who delivered separate judgments.

While Justice Surya Kant upheld the legality of Kejriwal’s arrest, Justice Bhuyan raised concerns over its necessity and timing. Despite differing opinions, both judges concurred on granting bail, citing the fact that the chargesheet had been filed and the trial was unlikely to conclude anytime soon.

Justice Kant: Arrest Legal, Procedure Followed

Justice Kant ruled that Kejriwal’s arrest was carried out in accordance with the law, dismissing arguments that the CBI violated procedural norms under Section 41 of the Code of Criminal Procedure. He maintained that there were no procedural irregularities in the arrest.

In a notable decision, the court imposed bail conditions similar to those granted in the money laundering case filed by the Enforcement Directorate (ED). As part of the ruling, Kejriwal is barred from visiting the Chief Minister’s office or the Delhi Secretariat, except when necessary for approval or clearance by the Lieutenant Governor of Delhi.

Justice Bhuyan: Questions Over Timing and Necessity

Justice Bhuyan, however, took a different stance, questioning the urgency with which the CBI acted after not arresting Kejriwal for over 22 months. He implied that the timing of the arrest appeared to coincide with Kejriwal’s imminent release in the ED case, suggesting that it was a move to thwart the bail granted to him by the special judge.

“It appears that only after the learned special judge granted regular bail to the appellant in the ED case, which was stayed by the High Court, did the CBI seek custody of the appellant,” Bhuyan noted, calling the arrest “belated” and “unjustified.”

Bhuyan also expressed concern that Kejriwal, having already secured bail under the stringent Prevention of Money Laundering Act (PMLA), should not continue to be detained in the CBI case under the Prevention of Corruption Act.

“CBI Must Be Above Perception of Bias”: Justice Bhuyan

Justice Bhuyan did not stop at criticizing the arrest but also took the opportunity to address the CBI’s role as the country’s premier investigative agency. He reiterated the need for the agency to maintain an unbiased and fair approach, drawing on previous comparisons of the CBI to a “caged parrot.”

“It is in the public interest that CBI not only be above board but be seen to be so,” Bhuyan said, urging the agency to ensure transparency and dispel any perception of bias or high-handedness in its operations.

Background

Arvind Kejriwal’s legal battle stems from his arrest by the CBI on June 26, 2024, in the alleged liquor policy scam case, while he was already in custody of the Enforcement Directorate for related money laundering charges. After securing interim bail in the ED case, Kejriwal remained in custody due to the CBI case. His co-accused, including former Deputy Chief Minister Manish Sisodia and politician K Kavitha, have also been granted bail in connection with the liquor policy case.

The Supreme Court’s decision today provides temporary relief to Kejriwal, though strict bail conditions continue to limit his official duties.