Supreme Court Grants Bail to Arvind Kejriwal, Split on CBI Arrest Legality

Six months after his initial arrest in the alleged Delhi liquor policy scam, Chief Minister Arvind Kejriwal was granted bail by the Supreme Court on Friday in the CBI case. Despite the unanimous decision to grant bail, the two judges of the Supreme Court held opposing views on the legality of Kejriwal’s arrest by the Central Bureau of Investigation (CBI).

The Aam Aadmi Party (AAP) leader is now set to walk free after already being granted interim bail in the Enforcement Directorate (ED) money laundering case. Kejriwal is the fifth high-profile leader to secure bail in this ongoing investigation, following AAP leaders Manish Sisodia, Sanjay Singh, Vijay Nair, and Bharat Rashtra Samithi’s K Kavitha.

Justice Surya Kant argued that prolonged imprisonment “amounts to unjust deprivation of liberty” but maintained that Kejriwal’s arrest was lawful and followed procedural norms. In contrast, Justice Ujjal Bhuyan deemed the arrest “unjustified,” highlighting a split in judicial opinion on the matter.

Justice Kant emphasised the principle that “bail is the rule and jail is an exception,” suggesting that the court should lean towards liberty, especially when a trial is being delayed. He stated: “The appellant’s arrest does not suffer from illegality. The issue is of liberty… integral to a sensitised judicial process. Prolonged incarceration amounts to unjust deprivation of liberty.”

CBI Must Not Function Like a Caged Parrot

However, Justice Bhuyan criticised the CBI, suggesting that Kejriwal’s arrest, coming shortly after his bail in the ED case, was a deliberate attempt to prevent his release from prison. He noted that the CBI had refrained from arresting Kejriwal for 22 months, only acting at the point of his imminent release in the ED case.

“Such action by CBI raises serious questions about the timing of the arrest and such an arrest by CBI was only to frustrate the bail granted in the ED case,” Justice Bhuyan remarked. He further asserted that the CBI “must not function like a caged parrot” and should remain above suspicion.

Justice Bhuyan added, “CBI must be seen above board, and every effort must be made so that the arrest is not in a high-handed manner. Perception matters, and the CBI must dispel the notion of being a caged parrot and must show it is an uncaged parrot. CBI should be like Caesar’s wife, above suspicion.”

The phrase ‘caged parrot’ dates back 11 years, when the Supreme Court used it to reprimand the CBI for alleged government interference in its report on the coal block allocation case, commonly referred to as ‘coalgate’. At that time, Justice RM Lodha commented that the CBI was a “caged parrot” that “speaks in its master’s voice.”

Implications of Kejriwal’s Release  

Kejriwal’s release is expected to boost the AAP as it prepares for the upcoming Haryana Assembly elections, where it aims to challenge the ruling BJP and its INDIA bloc partner, Congress. Additionally, with the Delhi Assembly elections scheduled for next year, AAP will seek to secure a third consecutive term.

The AAP chief was granted bail on a bond of ₹10 lakh, with specific conditions, including refraining from public commentary on the merits of the case and avoiding visits to the Delhi Secretariat or signing official files.

Arvind Kejriwal Bail: A Closer Look at the Arguments  

Arvind Kejriwal was first arrested by the ED on 21 March in connection with a money laundering case linked to the alleged liquor policy scam. Subsequently, the CBI arrested him on 26 June while he was in ED custody for a corruption case. Though Kejriwal was granted interim bail by the Supreme Court on 12 July, he remained incarcerated at Tihar Jail due to the CBI’s arrest.

During the hearing, Kejriwal, who is diagnosed with type II diabetes, described the CBI’s actions as an “insurance arrest” aimed at prolonging his imprisonment. His lawyer, Abhishek Manu Singhvi, argued that Kejriwal, being a “constitutional functionary,” poses no flight risk or threat of evidence tampering.

The CBI, represented by Additional Solicitor General SV Raju, contended that a significant portion of the kickbacks received from the excise policy was allegedly used by AAP in the Goa Assembly elections in 2022.

Arvind Kejriwal’s bail has sparked a debate about the legality of his arrest, reflecting the ongoing tensions between judicial interpretations and law enforcement actions. As Kejriwal prepares to re-enter the political arena, the implications of this case will continue to unfold in the months leading up to key elections. 

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