The Supreme Court is scheduled to hear Today (August 14) Chief Minister Arvind Kejriwal’s plea against the Delhi High Court order upholding his arrest by the CBI in a corruption case stemming from the alleged excise policy scam. The top court will also hear a separate plea of Kejriwal seeking bail in the case. A bench of Justices Surya Kant and Ujjal Bhuyan will hear both the pleas of the Aam Aadmi Party convenor.
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NEW DELHI: The Supreme Court is set to hear a crucial plea today filed by Delhi Chief Minister Arvind Kejriwal, who seeks release from jail in connection with the Delhi excise policy case, a matter currently under investigation by the Central Bureau of Investigation (CBI).
A bench comprising Justices Surya Kant and Ujjal Bhuyan will examine two petitions submitted by Kejriwal. These petitions challenge the Delhi High Court‘s August 5 decision, which upheld his arrest and denied him bail.
Kejriwal’s plea was filed shortly after the Supreme Court granted bail to former Delhi Deputy Chief Minister Manish Sisodia, who is implicated in a related investigation by the CBI and the Enforcement Directorate (ED). In this plea, the Aam Aadmi Party (AAP) leader contests his arrest and subsequent remand orders, while also appealing for bail.
The petitions filed by Kejriwal on Monday take issue with the Delhi High Court’s August 5 judgment, which determined that his arrest was neither “illegal” nor “without justifiable grounds,” as the CBI had presented “evidently enough evidence” to justify his detention and remand.
Kejriwal’s plea draws significant parallels with the Sisodia verdict, in which the Supreme Court noted that the former deputy CM’s prolonged incarceration of 17 months and continued detention in a case with no foreseeable trial conclusion infringed on his “fundamental right to liberty” and a “speedy trial” under Article 21 of the Constitution.
The petition argues that the reasons cited by the court for granting bail to Sisodia should similarly apply to Kejriwal. It emphasizes that the Supreme Court’s observations in Sisodia’s case-
“that extended detention without trial could breach fundamental rights, especially when the investigation is substantially complete and the accused has deep societal ties, reducing the likelihood of absconding—are equally relevant to Kejriwal’s situation. Accordingly, Kejriwal asserts that he meets these criteria and, like Sisodia, should be granted bail.”
This petition carries added importance as it comes ahead of the assembly elections in Delhi early next year. Kejriwal, as the current Chief Minister and the most prominent leader of the AAP, is a central figure in the party’s campaign strategy.
Under his leadership, the AAP has consistently positioned itself as a champion of Delhi’s governance, focusing on key issues such as education, healthcare, and the provision of affordable water and power.
Kejriwal has been in custody since March 21, following his arrest by the ED, with the exception of a 21-day interim bail in May, which was granted by the Supreme Court for Lok Sabha election campaigning. On July 12, the apex court granted him interim bail in the ED case, recognizing that he had been incarcerated for over 90 days. Despite this, Kejriwal remained in custody due to his arrest by the CBI on June 26 in the same matter.
The case against Kejriwal originates from allegations of irregularities in Delhi’s now-defunct excise policy for 2021-22. The CBI began its investigation following a recommendation by Delhi’s Lieutenant Governor in July 2022.
Kejriwal is the third AAP leader to be arrested in connection with this case. Manish Sisodia was held in custody since February 2023 until his release on August 9, and Rajya Sabha MP Sanjay Singh was granted bail by the Supreme Court in April, after six months of detention.
BACKGROUND
Delhi Chief Minister Arvind Kejriwal, currently imprisoned, approached the Supreme Court in an effort to overturn his arrest by the Central Bureau of Investigation (CBI) in relation to the Delhi excise policy case.
This legal move comes after the Delhi High Court, on August 5, declined to nullify Kejriwal’s arrest by the central investigative agency. The denial by the High Court prompted Kejriwal to file an immediate appeal before the Supreme Court, seeking relief.
The petition in the Supreme Court has been submitted through advocate Vivek Jain.
Kejriwal was apprehended by the CBI on June 26 while he was already under judicial custody due to a money laundering case being investigated by the Enforcement Directorate (ED). Although the Supreme Court later granted him interim bail in the ED case, Kejriwal remains incarcerated because he has not yet secured bail in the CBI case.
In his legal battle, Kejriwal had filed two distinct petitions before the Delhi High Court—one requesting bail and the other challenging the legality of his arrest by the CBI. However, the High Court rejected the petition to quash the arrest. Justice Neena Bansal Krishna ruled that
“there were adequate grounds to arrest Kejriwal.”
Regarding his bail application, the High Court did not delve into the substantive merits of the case but instead directed Kejriwal to seek bail from the trial court. Kejriwal had initially approached the High Court directly to request bail.
This legal situation unfolds in the backdrop of a recent Supreme Court decision where bail was granted to Aam Aadmi Party (AAP) leader and former Deputy Chief Minister of Delhi, Manish Sisodia, who is embroiled in the same case.
The Supreme Court expressed its concern that lower courts, including High Courts and trial courts, appear to be “playing it safe” by routinely denying bail in criminal cases, rather than adhering to the principle that “granting bail should be the norm.”
CASE TITLE:
Arvind Kejriwal v Central Bureau of Investigation.
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