The Supreme Court on Friday granted bail to Delhi Chief Minister Arvind Kejriwal in the corruption case linked to the excise policy 'scam'. A bench of Justices Surya Kant and Ujjal Bhuyan granted the relief to Kejriwal on a bail bond of Rs 10 lakh, and two sureties. The top court directed Kejriwal not to make any public comment on the merits of the case. The top court directed Kejriwal not to make any public comment on the merits of the case and added that terms and conditions as imposed in the ED case would also be applicable here. The top court, while granting him bail in the ED case, had said that Kejriwal cannot visit his office or the Delhi Secretariat and not sign any official file unless absolutely necessary to obtain the Lieutenant Governor's sanction.
What Court said while granting bail
- CBI must dispel notion of being a caged parrot and must show it is an uncaged parrot.
- CBI arrest of Arvind Kejriwal was only to frustrate bail in ED case.
- ...Arrest by CBI raises more questions than it answers. 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.
- Such a submission cannot be accepted and when Kejriwal has been granted bail in ED case. Further detention in this case is wholly untenable. Bail jurisprudence is a facet of developed jurisprudential system. Thus bail is the rule and jail is an exception. Process of trial or steps leading to arrest should not become harassment. Thus CBI arrest is unjustified and thus the appellant (Kejriwal) should be released forthwith.
- It will be travesty of justice to keep Kejriwal incarcerated when he is on bail in ED case. Exercise of power of arrest must be used sparingly...law cannot be used for targeted harassment.
