Delhi Court Issues Release Order for Arvind Kejriwal After Accepting Surety Bonds in Excise Scam Case

Today(13th Sept), A Delhi court has issued a release order for Chief Minister Arvind Kejriwal after the Supreme Court granted him bail in the excise policy corruption case. The bail follows a successful filing of a Rs.10 lakh bail bond and two sureties, with the Supreme Court determining Kejriwal’s entitlement to bail amid the ongoing investigation into alleged irregularities.

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Delhi Court Issues Release Order for Arvind Kejriwal After Accepting Surety Bonds in Excise Scam Case

DELHI: Delhi Chief Minister Arvind Kejriwal is set to be released from Tihar Jail later today(13th Sept), as the Rouse Avenue court has approved his surety bonds and issued a release warrant. The court also agreed to expedite his release by sending the warrant through a special messenger. This follows the Supreme Court’s earlier decision to grant bail in connection with the alleged excise policy scam. Special Judge Rakesh Syal issued the release order after Kejriwal’s legal team provided a bail bond of Rs. 10 lakh, along with two sureties of the same amount.

After a thorough review of the case, the Supreme Court granted bail to Chief Minister Arvind Kejriwal in the corruption charges brought against him by the Central Bureau of Investigation (CBI). The case revolves around the alleged irregularities in Delhi’s excise policy, which led to a larger investigation into possible corrupt practices. The apex court, headed by a bench of Justices Surya Kant and Ujjal Bhuyan, decided that Kejriwal was entitled to bail.

The Supreme Court, emphasizing the importance of personal liberty, said that-

“prolonged incarceration amounts to unjust deprivation of liberty.”

The bench further instructed Kejriwal to furnish a bail bond of Rs.10 lakh along with two sureties of like amount, which he did before the Delhi court.

Following the Supreme Court’s directive, Special Judge Rakesh Syal passed the official release order for Arvind Kejriwal. The advocates representing the Delhi Chief Minister presented the required bail bond of Rs.10 lakh, backed by two sureties of the same value, thus fulfilling the legal requirements for his release. The defense counsel also requested that the release warrant be dispatched through a special messenger, expediting Kejriwal’s early release from custody.

Arvind Kejriwal had been in jail since June 2, 2023, after surrendering to the Enforcement Directorate (ED) in connection with the excise policy case. Earlier, Kejriwal was arrested by the ED on March 21, and subsequently, interim bail was granted to him on May 10 to allow him to campaign for the Lok Sabha polls. However, following his surrender, he remained in jail until the Supreme Court intervened with the current bail order.

The excise policy case, dubbed by the media as the “excise scam,” has become a focal point for Kejriwal’s political opponents, who have accused his administration of corruption in the formulation of liquor distribution policies in Delhi. Despite the allegations, Kejriwal has maintained his innocence throughout the investigation.

While granting bail, the Supreme Court set certain conditions to ensure that Kejriwal’s release does not interfere with the ongoing investigation. The court specifically instructed Kejriwal to avoid making any public comments on the merits of the case during the period of his bail. This directive was seen as an attempt to prevent any undue influence on public perception or the judicial process while the case remains under trial.

In addition, the apex court reinforced that –

“the terms and conditions as imposed in the ED case would also be applicable here.”

This means that Kejriwal will not be allowed to visit his official office or the Delhi Secretariat unless absolutely necessary and only with the prior sanction of the Lieutenant Governor.

The Supreme Court further addressed concerns about potential delays in the trial, stating that-

“the completion of trial was unlikely to occur in the immediate future.”

This was an important consideration for the court, as it allowed the bench to weigh the necessity of continued detention against the slow progress of the trial. Justice Surya Kant, who was leading the bench, rejected any claims that Kejriwal’s release could lead to tampering with the evidence or witnesses.

In a separate but concurring judgment, Justice Ujjal Bhuyan agreed with the grant of bail but raised critical questions about the timing of Kejriwal’s arrest by the CBI. He implied that the timing might have been intended to “frustrate the grant of bail” to Kejriwal in the related Enforcement Directorate (ED) case. This observation sparked debate about the possible motivations behind the timing of Kejriwal’s arrest and whether the CBI had acted with the intent to thwart Kejriwal’s ability to secure bail.

Justice Bhuyan’s remarks also highlighted the complex interplay between different investigating agencies—the ED and the CBI—both of which have been involved in the excise policy case, further complicating the legal battle for Kejriwal.

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Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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