In a significant legal development, the Supreme Court on Friday granted bail to Delhi Chief Minister Arvind Kejriwal in the corruption case linked to the alleged liquor policy scam. However, while allowing his bail plea, the court dismissed his separate petition challenging the legality of his arrest by the Central Bureau of Investigation (CBI).
The two-judge bench, led by Justice Surya Kant, upheld the CBI’s authority to arrest Kejriwal, rejecting his plea against the arrest. Justice Ujjal Bhuyan, the second judge on the bench, issued a separate opinion, expressing concerns over the timing of the CBI’s arrest, deeming it a “belated” action and calling it unjustified.
Last week, the court reserved its decision after hearing arguments from senior advocate Abhishek Manu Singhvi, representing the Aam Aadmi Party (AAP) leader, and Additional Solicitor General (ASG) S.V. Raju, representing the CBI.
Singhvi argued that the CBI had waited for two years before arresting Kejriwal, making a hasty “insurance arrest” to ensure his continued detention in connection with the money laundering case. He pointed out that the CBI’s justification for arresting Kejriwal—citing his “non-cooperation and evasive replies”—was insufficient. Singhvi highlighted previous Supreme Court rulings stating that cooperation with investigations should not require an accused to incriminate themselves.
Furthermore, Singhvi contended that as a constitutional functionary and Chief Minister of Delhi, Kejriwal met the criteria for bail. He argued that Kejriwal posed no flight risk, would respond to investigators’ questions, and had no ability to tamper with the vast amounts of evidence, comprising lakhs of documents and digital files, after two years.
In contrast, ASG Raju, representing the CBI, opposed the bail, warning that releasing Kejriwal could cause witnesses to turn “hostile.” He cited the example of AAP candidates in the Goa Assembly elections, who provided statements to the CBI only after Kejriwal’s arrest. Raju urged the court to remand Kejriwal’s bail plea to the trial court and argued that his appeal to the Delhi High Court should not have been entertained.
Raju emphasized that arrest is a routine part of investigations and typically doesn’t require court permission. He noted that in this case, the court had granted permission to arrest Kejriwal, dismissing any claims of violation of fundamental rights.
The Supreme Court has recently granted bail to several figures involved in the excise policy case, including senior AAP leader and former Deputy Chief Minister Manish Sisodia, BRS leader K. Kavitha, and former AAP communication chief Vijay Nair.
Although the Supreme Court had previously ordered interim bail for Kejriwal in the money laundering case lodged by the Enforcement Directorate (ED) on July 12, he remained in jail due to the separate CBI arrest.
