In
a big relief for the Aam Aadmi Party (AAP) supremo Arvind Kejriwal, the Supreme
Court granted bail to the Delhi Chief Minister on Friday (September 13) in
connection with a case registered by the Central Bureau of Investigation (CBI)
concerning corruption allegations linked to the now-scrapped Delhi excise
policy of 2021-22.
A
Bench comprising Justices Surya Kant and Ujjal Bhuyan issued the order,
observing that the trial in the matter was unlikely to conclude soon.
Apart from granting bail, the SC came down heavily
on the CBI. In his separate judgement, Justice Ujjal Bhuyan criticised the CBI,
suggesting that Kejriwal’s arrest following his bail in the Enforcement
Directorate (ED) case appeared to be an attempt to prevent his release.
According to Justice Bhuyan, the agency did not find it necessary to arrest
Kejriwal despite interrogating him in March 2023, and it was only after his
arrest in the ED case was stayed that the CBI moved to take him into custody.
“CBI
did not feel the need to arrest him though he was interrogated in March 2023
and it was only after his ED arrest was stayed, CBI became active and sought
custody of Kejriwal and thus no need of arrest for over 22 months. Such action
by CBI raises serious questions on the timing of the arrest and such an arrest
by CBI was only to frustrate the bail granted in ED case,” Justice Bhuyan said.
Justice
Bhuyan also emphasised that the CBI should not operate like a “caged parrot”
and must remain beyond suspicion. He noted, “In a functional democracy governed
by the rule of law, perception matters. Like Caesar’s wife, an investigating
agency must be above board. Not so long ago, this Court had castigated the CBI
comparing it to a caged parrot. It is imperative that CBI dispel the notion of
it being a caged parrot. Rather, the perception should be that of an uncaged
parrot.”
Justice Kant said a developed legal framework on
bail is essential for a progressive society, asserting that prolonged detention
during trial cannot be justified.
The Court highlighted that the First Information
Report (FIR) was registered in August 2022, and four chargesheets have been
filed so far, with the trial court having taken cognisance of the case.
Seventeen accused have been named in the case.