In a significant legal development, the Supreme Court of India on Friday granted bail to Delhi Chief Minister Arvind Kejriwal in connection with the high-profile corruption case tied to the alleged excise policy scam. This case, registered by the Central Bureau of Investigation (CBI), has been a subject of national attention, especially considering Kejriwal’s stature as a leading political figure.
The court, comprising Justices Surya Kant and Ujjal Bhuyan, observed that “prolonged incarceration amounts to unjust deprivation of liberty” while hearing the case. While the bench recognized the legality of Kejriwal’s arrest by the CBI, they ruled in favor of releasing him on a bail bond of ₹10 lakh, as reported by Bar and Bench.
Strict Conditions Imposed
As part of the conditions for his release, the court explicitly prohibited Kejriwal from making any public comments regarding the ongoing case. Additionally, the Delhi Chief Minister has been directed to attend court proceedings unless formally exempted by the court.
The Supreme Court’s ruling is a relief for Kejriwal, who has been lodged in Tihar Jail for nearly five months. He is expected to be released later this evening.
Timeline of Events Leading to Bail
Kejriwal’s arrest has been linked to the now-scrapped 2021-22 Delhi excise policy, which investigative agencies allege was marred by misconduct. He was initially arrested by the Enforcement Directorate (ED) in March 2023 for money laundering charges related to the same excise scam. Though the Supreme Court later granted him interim bail in the ED case, he remained in judicial custody due to the subsequent arrest by the CBI on June 26, 2023.
The Chief Minister’s legal team, in response to his extended imprisonment, had filed two key pleas with the apex court. The first challenged the legality of the CBI’s arrest, while the second requested bail. On August 5, 2023, the Delhi High Court had rejected Kejriwal’s earlier bail plea, leading to the Supreme Court intervention.
CBI’s Stance and Judicial Criticism
The CBI strongly opposed Kejriwal’s bail application, accusing him of leveraging his position to harass an excise license holder from Punjab. However, during the ruling, Justice Ujjal Bhuyan lashed out at the CBI, expressing concerns about the agency’s motivations. Justice Bhuyan noted, “There was no need for his arrest for over 22 months,” and described the CBI’s decision to arrest Kejriwal after he had secured bail in the ED case as an attempt to “frustrate his release from prison.”
Justice Bhuyan further emphasized the need for investigative bodies to act transparently, remarking, “The CBI must be seen as above board… in this country, perception matters. The CBI must dispel the notion of being a ‘caged parrot’.”
Future Implications
The court’s order is being closely watched as it could have wider implications on the perception of how investigative agencies handle high-profile political cases. While Kejriwal’s immediate release is expected, the legal battle over the excise policy scam is far from over, with further trials anticipated.
Kejriwal, a prominent leader of the Aam Aadmi Party (AAP), will now focus on his defense while abiding by the court’s strict restrictions on public commentary. His ability to navigate the political fallout from the ongoing case remains to be seen.
This ruling marks a pivotal moment in Kejriwal’s legal and political trajectory as his party and supporters celebrate the temporary reprieve.
