The Supreme Court of India on Friday granted bail to AAP National Convenor Arvind Kejriwal in alleged corruption case in now scrapped Delhi Excise Policy Case. Arvind Kejriwal was granted bail in the case initiated by the CBI in relation to the corruption allegations. A Bench of Justices Surya Kant and Ujjal Bhuyan passed the order. However, despite granting bail, the Supreme Court held that the arrest of Kejriwal by CBI was valid and in compliance with relevant procedural laws. Justice Bhuyan, however, differed from Justice Suryakant regarding the arrest of Arvind Kejriwal. He observed that the Delhi CM was arrested only to frustrate the bail granted in the ED case.
For the unversed, Arvind Kejriwal filed two separate pleas before the top court - one challenging the legality of his arrest by CBI and a second plea seeking bail. As per Bar and Bench, the latter was allowed, but the former was rejected. The Court reportedly said, "There is no impediment in arresting a person who is already in custody for another case for purposes of investigation. CBI in their application has noted why the arrest was necessary and since there was a judicial order. There was no violation of Section 41(A)(3) of Code of Criminal Procedure," the Court stated.
However, Justice Ujjal Bhuyan observed, "The CBI's arrest was perhaps only to frustrate the grant of bail to Kejriwal in the Enforcement Directorate case."
On the other hand, Justice Bhuyan expressed reservations about restraining Kejriwal from entering the CM's office or signing files, but he eventually agreed to these conditions, as imposed by another bench while granting him bail in the ED case. Similar conditions were set when Arvind Kejriwal was granted interim bail to campaign for Lok Sabha Elections 2024. Justice Bhuyan further observed, "Bail is the rule, and jail an exception. All courts must ensure that the prosecution and the process of trial doesn't become a form of punishment in itself."
Justice Suryakant observed-
- Arrest by the CBI is legal.
- Kejriwal is to be released on a bail bond of ₹10 lakh.
- Delhi CM is not allowed to comment on the case in public.