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The Supreme Court of India is poised to deliver its judgment on Friday, September 13, 2023, regarding the petitions filed by Delhi Chief Minister Arvind Kejriwal seeking bail and contesting his arrest by the Central Bureau of Investigation (CBI) in the Delhi excise policy case. The Supreme Court's cause list for the day indicates that a bench led by Justice Surya Kant will pronounce the ruling, with Justice Ujjal Bhuyan joining him in the review. This verdict comes after the bench had reserved judgment on September 5, 2023, following a thorough hearing of the case.
Kejriwal's legal challenge centers around two petitions. The first petition seeks bail from the Supreme Court, arguing against the denial of bail by lower courts. The second petition directly challenges the legality of his arrest by the CBI in relation to the corruption investigation surrounding the Delhi excise policy. The Chief Minister was taken into custody on June 26, 2023, and has since been embroiled in legal proceedings. The crux of Kejriwal's argument is that the Delhi High Court's August 5, 2023, order upholding his arrest is not justified. The High Court had ruled that the CBI had gathered sufficient post-arrest evidence to substantiate its actions, leaving the possibility for a bail application to be considered by a trial court. However, Kejriwal contends that the evidence presented falls short of justifying his continued detention.
The controversy surrounding the Delhi excise policy lies in allegations of corruption during its formulation and implementation in 2021-22. The policy itself has since been revoked. This case has also attracted the attention of the Enforcement Directorate (ED), which has initiated a separate money laundering investigation linked to the suspected 'scam.' Both the CBI and ED accuse Kejriwal and others of engaging in irregularities and facilitating preferential treatment to license holders during the implementation of the excise policy. The alleged actions of Kejriwal and his associates are alleged to have resulted in financial losses for the state government.
On July 12, 2023, the Supreme Court granted interim bail to Kejriwal regarding the money laundering charges. However, the court also highlighted the crucial issue of the necessity of arrest under the Prevention of Money Laundering Act (PMLA). This prompted the court to refer specific questions relating to the PMLA to a larger bench, ideally consisting of five judges, for further examination. During the September 5 hearing, Kejriwal vehemently contested the arguments presented by Additional Solicitor General S V Raju, representing the CBI. Raju had argued that Kejriwal should have initially pursued bail through the trial court in relation to the corruption case before approaching the Supreme Court. However, Kejriwal maintained that his arrest was unwarranted and that his petitions before the Supreme Court were justified.
Source: SC to rule on Arvind Kejriwal's bail petitions on September 13 in Delhi excise policy case