The Supreme Court will deliver its verdict tomorrow(13th Sept), on Delhi Chief Minister Arvind Kejriwal’s bail plea and challenge to his arrest by the CBI in the Delhi Liquor Policy case. The court had reserved judgment on both matters last week.
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NEW DELHI: The Supreme Court is set to deliver its much-anticipated verdict tomorrow(13th Sept), on Delhi Chief Minister Arvind Kejriwal’s plea seeking bail and the quashing of his arrest by the Central Bureau of Investigation (CBI) in connection with the Delhi Excise Policy case. A Bench of Justices Surya Kant and Ujjal Bhuyan will announce the judgment, having previously reserved it on September 5.
The CBI had firmly opposed Kejriwal’s bail request, arguing that if released, the Aam Aadmi Party (AAP) leader might “tamper with evidence” and obstruct their ongoing investigation into the Delhi Excise Policy case. The CBI also expressed concerns that granting bail to the Delhi CM could potentially “demoralize the Delhi High Court.”
The agency’s stance stems from their suspicion that Kejriwal, if granted interim bail, would interfere with the judicial process. The Delhi High Court had earlier denied Kejriwal’s plea for bail on August 5, advising him to approach the trial court instead. This setback led to Kejriwal appealing to the Supreme Court.
On August 14, the Supreme Court sought the CBI’s response to Kejriwal’s bail plea but refrained from granting him bail at that stage. This has left the case in a state of anticipation, with tomorrow’s ruling expected to have significant implications for both the Delhi government and the ongoing investigation.
Meanwhile, a Delhi court recently extended Kejriwal’s judicial custody till September 25 in connection with the CBI case. The Delhi Chief Minister has been in custody since March 21 after being arrested by the Enforcement Directorate (ED) over allegations of corruption in the now-scrapped Delhi Excise Policy. Although the Supreme Court granted Kejriwal interim bail in the ED case, he remains in jail due to the ongoing CBI investigation.
The CBI arrested Kejriwal on June 26 for his alleged involvement in the corruption case. According to the CBI, there is evidence indicating that Kejriwal promised Rs 90 lakh to each candidate in 40 constituencies during the Goa elections. The funds for these promises were reportedly obtained through the illegal proceeds from the Delhi Liquor Policy.
The Supreme Court recently reserved its judgment on the petitions filed by Kejriwal, where he challenged his CBI arrest and sought interim bail. The bench’s decision came after hearing arguments from both sides, with Senior Advocate Abhishek Manu Singhvi representing the Delhi CM.
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Singhvi criticized the Delhi High Court for not issuing a ruling on Kejriwal’s bail petition despite extensive hearings. He stated-
“Starting July 1, the High Court began hearing the case. Kejriwal filed two writ petitions—one contesting the legality of his CBI arrest and the other requesting bail. On July 17, the High Court reserved its judgment on the arrest but re-notified the bail issue.”
However, Singhvi expressed frustration, saying-
“Despite the High Court judge hearing the matter on its merits, no order was issued on the bail.”
He further remarked,
“After a month, the High Court judge stated, ‘I decide not to decide on bail’ and directed me to return to the trial court for bail. There are 13 Supreme Court judgments condemning such delays in bail cases. What was the purpose of sending me back?”
During the hearing, Justice Surya Kant orally questioned the High Court’s handling of the situation.
“Ideally, the High Court should resolve this issue promptly. The order should have been issued on the same day the notice was given.”
-remarked Justice Kant.
The bench also raised concerns about the CBI’s arrest procedure, especially since Kejriwal was already in custody for the ED case.
“When you are in custody… if you are re-arresting someone, you need the court’s permission. This is stipulated in the criminal procedure code.”
-the bench observed.
In defense of its actions, Additional Solicitor General (ASG) SV Raju, appearing for the CBI, argued that the High Court had carefully examined the issue of concurrent jurisdiction before making its decision. However, Singhvi argued that the CBI had conducted what he termed an “insurance arrest,” noting that the agency arrested Kejriwal because they knew he would soon secure bail in the ED case, which indeed happened.
Singhvi further highlighted that several co-accused in the same case, including prominent figures like Manish Sisodia, Sanjay Singh, Vijay Nair, and BRS leader K Kavitha, were all granted bail by the Supreme Court.
