The Supreme Court bench, led by Justices Surya Kant and Ujjal Bhuyan, is hearing Kejriwal’s petition. Aam Aadmi Party leader could be released from jail, where he has been held since his June 26 arrest by the CBI. The Delhi High Court previously upheld the legality of his arrest on August 5.
![[ARVIND KEJRIWAL BAIL PLEA] "Article 21 of the Constitution will trump... Nowadays, Trump is a Dangerous Word": Abhishek Singhvi in SC](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/09/image-85.png?resize=700%2C500&ssl=1)
NEW DELHI: During a Supreme Court hearing Today (5th Sept) on Delhi Chief Minister Arvind Kejriwal’s petition challenging his arrest, Donald Trump was humorously mentioned. Representing Kejriwal, senior advocate Abhishek Singhvi pointed out that “Trump” has become a “dangerous word” in recent times.
Singhvi argued that the prosecution aimed to restart the entire process and stressed the importance of Article 21 of the Constitution, which guarantees the right to life and liberty.
Referring to former US President Donald Trump, Singhvi quipped, “Article 21 of the Constitution will trump… Nowadays, Trump is a dangerous word.”
The Supreme Court bench, led by Justices Surya Kant and Ujjal Bhuyan, is hearing Kejriwal’s petition. Aam Aadmi Party leader could be released from jail, where he has been held since his June 26 arrest by the CBI. The Delhi High Court previously upheld the legality of his arrest on August 5.
The Court pointed out that such lengthy hearings are uncommon for routine bail applications.
“How long we should hear in a bail matter. Do ordinary mortals get this much time?”: Supreme Court on arguments in Arvind Kejriwal bail plea
the Court asked.
![[ARVIND KEJRIWAL BAIL PLEA] "Article 21 of the Constitution will trump... Nowadays, Trump is a Dangerous Word": Abhishek Singhvi in SC](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/09/image-2024-09-05T142523.713.png?resize=820%2C461&ssl=1)
The Bench was hearing Delhi Chief Minister Kejriwal’s plea to cancel his arrest by the central agency and secure interim bail.
Previously, on August 23, the court allowed the CBI to file its counter affidavit regarding the case and gave Kejriwal two days to submit a rejoinder. The Delhi chief minister has filed two separate petitions challenging both the denial of bail and his arrest by the CBI.
He is contesting the August 5 order of the Delhi High Court, which upheld his arrest.
The CBI previously argued that if Kejriwal is released on bail, he may interfere with evidence and hinder their investigation into the Delhi Excise Policy case.
On August 5, the Delhi High Court rejected Kejriwal’s pleas and directed him to seek bail from the trial court. This prompted Kejriwal to appeal to the Supreme Court.
On August 14, the Supreme Court asked for the CBI’s response but did not grant bail at that time.
Kejriwal was arrested by the CBI on June 26 while already in judicial custody due to a money laundering investigation by the Enforcement Directorate (ED). He and other AAP leaders are accused of orchestrating a scheme within the Delhi Excise Policy to benefit certain liquor vendors. The probe agencies allege that the profits from this were funneled into the AAP’s Goa election campaign.
Kejriwal was initially arrested by the ED on March 26 but was later granted interim bail by the Supreme Court in the ED case. However, he remains in jail due to pending bail in the CBI case.
Recently, the Supreme Court granted bail to Delhi’s former Deputy Chief Minister Manish Sisodia and former AAP media in-charge Vijay Nair in the same case. The Court also criticized High Courts and trial courts for their tendency to deny bail in criminal cases rather than treating it as the default option.
TOP QUOTES BY BOTH PARTIES
Team Kejriwal’s Arguments:
- “No notice was served to Arvind Kejriwal by the CBI before his arrest, and an ex-parte arrest order was issued by the trial court.”
- “The CBI did not arrest Arvind Kejriwal for nearly two years, but made an ‘insurance arrest’ after he was granted bail in the ED case.”
- “All other co-accused in the case, including Sisodia and Kavitha, have been released on bail.”
- “There is no new evidence, only a statement from [Raghav] Magunta made in January.” (Magunta is a businessman from Andhra Pradesh).
- “Despite multiple orders of release, Kejriwal has not been granted bail. He is not a threat to society and is not a hardened criminal.”
- “Article 21 of the Constitution will take precedence… Nowadays, ‘Trump’ is a dangerous word.”
CBI’s Opposition to Bail:
- “There can’t be any special treatment. All other ordinary citizens (aam aadmis) must approach the sessions court.”
- “Why should Kejriwal be allowed to approach the High Court directly when ordinary people must go to the trial court?”
- “This adventurism by Kejriwal in asking the Supreme Court to rule on his bail plea, as if it were a court of first instance, should not be entertained or encouraged.”
