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The Supreme Court of India has granted bail to Delhi Chief Minister Arvind Kejriwal, who had been imprisoned for nearly six months following his arrest by the Central Bureau of Investigation (CBI) in connection with the alleged liquor excise policy case. The court, in a brief session Friday morning, found that Kejriwal's prolonged incarceration amounted to an unjust deprivation of liberty. While granted bail, Kejriwal faces restrictions, as he cannot return to his office or the Delhi Secretariat nor sign files without the consent of Lieutenant Governor VK Saxena.
The judges, Justice Ujjal Bhuyan and Justice Surya Kant, delivered separate verdicts on Kejriwal's two pleas but agreed that he must be released. While Justice Kant found no impediment to the CBI's arrest of Kejriwal, Justice Bhuyan questioned the timing of the arrest, noting that it occurred shortly after a trial court granted bail in the related case filed by the Enforcement Directorate (ED). This was a point of contention, with the court highlighting that the completion of the trial is unlikely in the immediate future. The court's decision to grant bail aligns with its prior rulings in similar cases, including those involving former Deputy Chief Minister Manish Sisodia and Telangana politician K Kavitha, both of whom were released on similar grounds.
The court's ruling emphasized the principle of 'bail is the rule, jail an exception,' established in 1977 by Justice Krishna Iyer and upheld in money-laundering and anti-terror cases. Justice Bhuyan stated that the CBI's continued detention of Kejriwal, despite his bail in the ED case, was untenable, reiterating the presumption of innocence until proven guilty. The court found it perplexing that the CBI sought to arrest Kejriwal when he was on the cusp of release in the ED case. The Supreme Court's decision has been met with jubilation from the Aam Aadmi Party (AAP), with Kejriwal's wife, Sunita Kejriwal, declaring that the BJP's plans to jail opposition leaders had been thwarted. Senior AAP leaders and party workers expressed their joy and welcomed Kejriwal back.
The liquor excise policy case revolves around allegations that Kejriwal and the AAP received illicit kickbacks amounting to Rs 100 crore, including significant payments from a 'South group' led by K Kavitha. The ED and CBI believe that these funds were used by the AAP to finance election campaigns, including the 2022 Goa Assembly election. They also assert that Kejriwal played a pivotal role in drafting and approving the controversial November 2021 policy, which was eventually withdrawn eight months later. Kejriwal, Sisodia, the AAP, K Kavitha, and her party, the BRS of former Telangana Chief Minister K Chandrasekhar Rao, have all vehemently denied these charges. They have countered by accusing the ruling BJP, to whom federal agencies like the ED and CBI report, of waging a campaign against its opponents and opposition leaders, particularly ahead of elections.
The timing of Kejriwal's release is significant as it comes just weeks before the Haryana Assembly election, where the AAP will contest all 90 seats. The Haryana election is scheduled for October 5th. The AAP had been in talks with the Congress, its ally in the INDIA bloc, but a seat-sharing agreement could not be reached. The AAP aimed to contest 10 seats, while the Congress was willing to cede only seven. Kejriwal's release, amidst these political maneuverings, is likely to have a significant impact on the upcoming election, offering the AAP a potential boost in its campaign.
Source: Arvind Kejriwal Gets Bail After 6 Months, Can't Go to Office Or Sign Files