Arvind Kejriwal gets to walk out of jail ahead of key state elections with terms and conditions

The Supreme Court on Friday granted bail to Delhi chief minister Arvind Kejriwal in the alleged excise policy scam. The decision came while the SC bench was announcing verdict on Kejriwal's plea seeking bail and challenging arrest by Central Bureau of Investigation (CBI).

The two-judge bench, comprising Justices Surya Kant and Ujjal Bhuyan, had reserved the order on September 5, after the hearing was concluded. The AAP chief was arrested by the CBI on June 26.

The bench, however, applied a few conditions before releasing the Aam Aadmi Party supremo. While reading out the judgment, Justice Surya Kant said, "We direct Arvind Kejriwal to be released on bail subject to bail bonds of Rs 10 lakhs."

The court further directed Kejriwal to not make any public comments about the case and be present for all hearings before trial court unless exempted. Meanwhile, Justice Bhuyan also observed that he has "serious reservations on conditions imposed in Enforcement Directorate (ED) case on Kejriwal which bar him from entering the CM office."

The Delhi CM will likely be walking out of jail today (September 13).

A win for AAP ahead of elections

Aam Aadmi Party's national convenor Arvind Kejriwal's bail can be seen as a big win for the party ahead of key elections scheduled in the upcoming months.

After unsuccessful alliance talks with Congress, Kejriwal-led party has decided to go solo in the Haryana Assembly elections. AAP has announced candidates for all 90 seats of the state assembly.

AAP's first list of 20 candidates was released on Monday as the party's seat-sharing talks with the Congress broke down. The Congress and the AAP contested the Lok Sabha polls held earlier this year together in Delhi but separately in Punjab.

The Congress had given one seat to the AAP in the general elections in Haryana, which it had contested unsuccessfully.

In the 2019 Haryana assembly polls, the AAP had contested 46 seats but failed to open its account in the state

SC bench questions CBI's arrest timing

The two-judge bench questioned the necessity of Delhi chief minister's recent arrest, expressing concerns over the timing and intent behind it. The court highlighted that Kejriwal had previously been interrogated by the CBI in March 2023, but the agency did not find it necessary to detain him then. This sudden change in approach, occurring after 22 months of inactivity, raised suspicion.

The arrest took place shortly after Kejriwal’s bail in a related ED money laundering case had been stayed. Justice Bhuyan remarked that the CBI's decision to seek custody at this point seemed strategically designed to "frustrate" the bail previously granted in the ED case.

The court dismissed the argument by Additional Solicitor General (ASG) Raju, who suggested that Kejriwal should have approached the trial court for bail. Justice Bhuyan found this suggestion baseless, pointing out that Kejriwal had already secured bail in the ED case. He emphasized, "Bail should be the norm in a developed judicial system," calling the CBI's move for further detention "wholly untenable."

The judges further criticized the CBI’s actions, calling them unjustified, and stressed that arrest procedures should not be used as a tool for harassment. The court, therefore, ordered Kejriwal’s immediate release.

Justice Bhuyan also made a pointed remark on the perception of the CBI, stating that the agency should not be seen as a "caged parrot," a reference to its frequent accusations of political bias. He urged the CBI to act impartially and maintain a standard of conduct.

Arvind Kejriwal's 'insurance arrest' claim

Kejriwal told the Court that his arrest by the Central Bureau of Investigation (CBI) in connection with the alleged scam was a strategic move.

Senior advocate Abhishek Singhvi, representing Kejriwal, said during the hearing that the CBI had not arrested the chief minister for nearly two years, and the arrest came after he was granted bail in a related money laundering case filed by the Enforcement Directorate (ED).

"I go back to jail on June 2 and the next judgment form SC is on July 12, then on June 25 this arrest takes place in CBI case even though no arrest ever happened in three years. This was a case of insurance arrest," Singhvi had said.

He further argued before Justices Kant and Bhuyan that Kejriwal, a constitutional office bearer, poses no flight risk and was not named in the CBI's First Information Report (FIR). He also pointed out that no prior notice was served to Kejriwal before his arrest, and the trial court issued an ex-parte arrest order.

Delhi Liquor Case

The case stems from allegations of irregularities in the Delhi excise policy, which was scrapped in 2022 following the Delhi lieutenant governor's order for a CBI investigation. The CBI and ED claim that the policy's modifications led to corruption, with undue advantages granted to license holders.

Kejriwal had challenged the Delhi High Court's August 5 order, which upheld his arrest as legal and suggested that the Aam Aadmi Party leader could potentially influence witnesses. While the Supreme Court has granted bail in the money laundering case, Kejriwal remains incarcerated under the CBI's charges.

The excise policy was scrapped in 2022 after the Delhi lieutenant governor ordered a CBI probe into alleged irregularities and corruption involving its formulation and execution.

According to the CBI and the ED, irregularities were committed while modifying the excise policy and undue favours extended to licence holders.