In a crucial judgment set to be pronounced on Friday, the Supreme Court will rule on the bail petition of Delhi Chief Minister Arvind Kejriwal in connection with the corruption case linked to the alleged liquor policy scam.
In addition to seeking bail, CM Kejriwal has also filed a separate plea challenging his arrest by the Central Bureau of Investigation (CBI) in the liquor scam case and his subsequent remand.
According to the causelist published on the apex court’s website, a two-judge bench presided over by Justice Surya Kant will announce its judgment at 10:30 a.m. Justice Ujjal Bhuyan, the other judge on the bench, is also expected to present his separate opinion on CM Kejriwal’s pleas.
Last week, the Bench of Justices Kant and Bhuyan reserved its decision after hearing oral 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.
During the hearing, Singhvi argued that the CBI did not arrest CM Kejriwal for two years but made an “insurance arrest in a hurry” to prevent his release in the money laundering case. He noted that Kejriwal was arrested for his “non-cooperation and evasive replies,” though numerous Supreme Court judgments have established that cooperation with the probe should not compel an accused person to incriminate themselves or confess to alleged offenses.
Singhvi further added that CM Kejriwal, as the Chief Minister of Delhi, meets the three criteria for bail: he is not a flight risk, he will appear for questioning by the investigative agency, and he cannot tamper with evidence, which consists of lakhs of pages and digital documents, after two years.
On the other hand, the CBI expressed concern that releasing CM Kejriwal could lead to witnesses turning “hostile” and urged the court not to grant him bail. ASG Raju stated that several AAP candidates in the Goa Assembly election had only come forward to give statements to the agency after CM Kejriwal’s arrest.
“They (witnesses) will turn hostile if your lordships release Kejriwal on bail,” he argued. He added that Kejriwal’s bail plea should be remanded to the trial court, as he should not have approached the Delhi High Court first for bail. ASG Raju also asserted that arrest is a routine part of an investigation, and in most cases, an investigating officer does not need court permission to make an arrest. He pointed out that, in this instance, there was already an order from the court granting the power to arrest Kejriwal.
Recently, the Supreme Court allowed bail pleas of senior AAP leader and former Delhi Deputy Chief Minister Manish Sisodia, BRS leader K. Kavitha, and AAP’s former communication-in-charge Vijay Nair in the excise policy case.
In his special leave petition before the Supreme Court, CM Kejriwal challenged his arrest and subsequent remand orders while also pressing for bail in the corruption case. Meanwhile, the CBI, seeking the dismissal of Kejriwal’s plea, argued that the AAP leader was merely attempting to sensationalize the matter politically. The agency highlighted that various court orders had found sufficient grounds to establish prima facie evidence of the alleged offenses, for which cognizance had already been taken.
The CBI further noted that while CM Kejriwal does not hold a ministerial portfolio in the Government of the National Capital Territory (GNCT) of Delhi, all decisions of both the government and the party are made with his concurrence and direction. This, they said, includes not only decisions in Delhi but also those affecting areas where AAP has a presence across the country.
The Supreme Court, on July 12, ordered interim bail for CM Kejriwal in a money laundering case filed by the Enforcement Directorate (ED). However, he remained in jail as he had also been arrested by the CBI.
Meanwhile, a Delhi court on Wednesday extended CM Kejriwal’s judicial custody until September 25. He was produced through video conferencing from Tihar Jail following the expiry of his previously granted judicial custody.
