Today(13th Sept),the Supreme Court granted bail to Delhi Chief Minister Arvind Kejriwal in the corruption case initiated by the CBI related to the now-scrapped Delhi excise policy of 2021-22. This decision comes amid ongoing investigations into the allegations.
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![[BREAKING] Delhi CM Arvind Kejriwal Granted Bail By The Supreme Court In The Delhi Liquor Policy Case](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/09/image-227.png?resize=690%2C388&ssl=1)
NEW DELHI: The Supreme Court today(13th Sept), granted bail to Delhi Chief Minister and Aam Aadmi Party (AAP) head Arvind Kejriwal in the corruption case initiated by the Central Bureau of Investigation (CBI) related to the now-scrapped Delhi excise policy of 2021-22.
The verdict was delivered by a Bench comprising Justices Surya Kant and Ujjal Bhuyan.
However, while granting bail, the Court upheld the legality of Kejriwal’s arrest by the CBI, stating that it was valid and complied with all relevant procedural laws.
“We have determined that the appellant’s arrest does not have any procedural flaws and is therefore valid.”
-the Court held.
Kejriwal had filed two separate pleas before the apex court: one challenging the legality of his arrest by the CBI, and the other seeking bail. While the Supreme Court allowed the plea for bail, it rejected the challenge to the arrest’s legality.
The Court emphasized that there is no legal hindrance in arresting an individual already in custody for another case if it serves the purpose of an ongoing investigation.
“There is no barrier to arresting a person already in custody for another case for investigative purposes. The CBI’s application explains the necessity of the arrest and cites a judicial order, ensuring there was no violation of Section 41(A)(3) of the Code of Criminal Procedure.”
– the Court stated.
ALSO READ: ‘Bail Or Jail For Arvind Kejriwal?’: SC’s Big Decision Today at 10:30 AM
Furthermore, the Court noted that once a Magistrate issues a warrant, the investigating officer is not required to provide additional reasons for the arrest.
“When a Magistrate issues a warrant, the investigating officer is not required to provide any additional justification.”
-the Court said.
The Bench had reserved its verdict on September 5 after Kejriwal appealed the Delhi High Court’s decision on August 5, which had refused his petitions and directed him to approach the trial court for bail. This led to the current appeal before the Supreme Court.
![[BREAKING] "Arrest Of Delhi CM By CBI Was Valid": SC Grants Bail to Arvind Kejriwal in CBI Case on Delhi Excise Policy](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/09/image-228.png?resize=756%2C425&ssl=1)
The CBI arrested Kejriwal on June 26 while he was already in judicial custody in connection with a money laundering case probed by the Enforcement Directorate (ED) related to the same excise policy scam. The case against Kejriwal stems from alleged irregularities in the framing of the now-scrapped Delhi excise policy of 2021-22.
Investigative agencies allege that several AAP leaders, including Kejriwal, were involved in deliberately incorporating loopholes into the excise policy in exchange for kickbacks from liquor lobbies. The funds allegedly acquired were purportedly used to finance the AAP’s election campaign in Goa. The case is being probed by both the CBI and the ED.
Kejriwal was first arrested in the matter by the ED on March 21. He was later granted interim bail by the Supreme Court in the ED case. However, despite the interim bail order, he continued to remain in jail since the CBI formally arrested him on June 26 while he was still in judicial custody in connection with the ED case.
In an unusual legal move, Kejriwal directly approached the Delhi High Court for bail instead of moving the trial court first, which is the customary procedure for accused individuals. The High Court refused to grant him bail and rejected his plea to declare his arrest illegal, advising him to approach the trial court initially.
During the hearing on September 5, the CBI argued that Kejriwal should have first approached the trial court for bail. The agency contended that releasing him on bail could lead to tampering with evidence and hinder the ongoing investigation. Additionally, the CBI claimed that the Delhi High Court would get demoralized if Kejriwal were granted bail.
Other prominent leaders, including AAP members Manish Sisodia and Sanjay Singh, were granted bail by the Supreme Court in the same case. AAP communications-in-charge Vijay Nair and Bharat Rashtra Samithi leader K Kavitha were also recently granted bail by the top court.
Case Title:
[Arvind Kejriwal v. Central Bureau of Investigation]