In a massive boost to the Aam Aadmi Party ahead of the state Assembly elections, the Supreme Court on Friday granted bail to its national convener and Delhi Chief Minister Arvind Kejriwal in a corruption case registered by the CBI in the alleged excise policy scam. 

A bench of Justices Surya Kant and Ujjal Bhuyan granted bail to Kejriwal saying prolonged incarceration amounts to unjust deprivation of liberty. 

It also put in place 5 conditions for Kejriwal to follow, including those set in earlier when he got relief in the ED case:

These new conditions include: 

– The apex court granted bail to Kejriwal, subject to bail bonds of Rs10 lakh.

– The Delhi CM cannot comment on the ongoing Delhi liquor policy case.

– Kejriwal will have to be present for trial unless exempted by the courts.

– He cannot sign official documents.

– Kejriwal can’t enter the Chief Minister’s office or the Delhi secretariat while out on bail.

Justice Bhuyan, during the hearing, questioned the CBI for arresting Kejriwal, saying that such action by CBI raises serious questions on the timing of the arrest and such an arrest by CBI only fractured the bail granted in the ED case.

Keeping Kejriwal incarcerated would be travesty of justice: SC

He said keeping Kejriwal incarcerated when he is on bail in the ED case would be a travesty of justice. He further said Kejriwal was granted bail in the ED case and further detention in the CBI case is wholly untenable. 

Justice Bhuyan also said that bail is the rule and jail is an exception. “The process of trial or steps leading to arrest should not become harassment,” said the judge.

CBI arrest is “unjustified”, says court

CBI arrest is “unjustified” and thus Kejriwal should be released forthwith, said Justice Bhuyan.

Earlier, the apex court had reserved the verdict on September 5 after hearing counsels representing Kejriwal and CBI.

During the hearing of the case, Additional Solicitor General SV Raju, appearing for CBI, objected to Kejriwal for not approaching the trial court for bail.

Kejriwal had directly approached the Delhi High Court for bail and then moved to the apex court. On August 5, the Delhi High Court upheld the arrest of the Chief Minister as “legal.” It had dismissed Kejriwal’s plea challenging his arrest, saying it was only after sufficient evidence was collected and sanction was obtained in April 2024 that the CBI proceeded with further probe against him.

The High Court had said there was no malice in the acts of the CBI, which demonstrated how Kejriwal could influence witnesses who could muster the courage to depose only after his arrest. It had said Kejriwal is not an ordinary citizen but a distinguished recipient of the Magsaysay Award and the convenor of the Aam Aadmi Party.

“The control and the influence which he has on the witnesses is prima facie borne out from the fact that these witnesses could muster the courage to be a witness only after the arrest of the petitioner, as highlighted by the special prosecutor,” it had said in its order.

Kejriwal was arrested by the ED on March 21, 2024, in connection with a money laundering probe relating to alleged irregularities in the now-cancelled Delhi excise policy 2021-22. On June 26, 2024, AAP Chief Arvind Kejriwal was arrested by CBI while he was in custody of the Enforcement Directorate in the excise case.

In a major relief for Delhi Chief Minister Arvind Kejriwal, the Supreme Court on Friday granted him bail in a corruption case registered by CBI in the alleged excise policy scam. Supreme Court observed that prolonged incarceration amounts to unjust deprivation of liberty.

The bench of Justices Surya Kant and Ujjal Bhuyan pronounced the order.

They stated that Kejriwal’s arrest by the CBI is legal. According to Bar and Bench, the AAP chief will be released subject to a bail bond of Rs. 10 lakh.

Placing conditions on Kejriwal’s release, the court said he cannot make public comments about the case. Kejriwal has been asked to appear for trial unless exempted.

In the last hearing, the CBI opposed Kejriwal’s bail plea, stating he directly approached the High Court without first going to the Sessions Court.

ASG SV Raju, counsel for the CBI, had argued before the court that Kejriwal used his influence to harass an excise license holder from Punjab through his party-led government.

The Delhi Chief Minister Arvind Kejriwal, who is lodged in Tihar Jail, is expected to walk out of the jail this evening after nearly five months of incarceration.

Kejriwal was arrested by the CBI on June 26 while he was in judicial custody in connection with a money laundering case being investigated by the Enforcement Directorate (ED) related to the same scam.

Following this, the Delhi CM approached the High Court challenging his arrest. On August 5, the Delhi High Court refused Kejriwal’s petition and asked him to approach the trial court for bail.

After the setback from the High Court, Kejriwal filed two pleas before the apex court, challenging the legality of his arrest by the CBI and seeking bail.

After hearing all sides in the case, the bench reserved its verdict on September 5.

The court granted the bail plea and rejected the second plea challenging the legality of his arrest.

Justice Ujjal Bhuyan’s scathing observation against CBI

Justice Ujjal Bhuyan, in his separate judgment, lashed out at the CBI and stated that Kejriwal’s arrest by the agency after securing bail in the ED case was only intended to frustrate his release from prison. “The CBI did not feel the need to arrest him, even though he was interrogated in March 2023, and it was only after his ED arrest was stayed that the CBI became active and sought custody of Kejriwal. Thus, there was no need for his arrest for over 22 months. Such actions by the CBI raise serious questions about the timing of the arrest, and this arrest by the CBI was solely to frustrate the bail granted in the ED case,” Bar and Bench quoted Justice Bhuyan as saying.

He further criticised the Central probe agency, stating, “The CBI must be seen as above board, and every effort must be made to ensure that arrests are not carried out in a high-handed manner. In this country, perception matters, and the CBI must dispel the notion of being a ‘caged parrot’ and show that it is an uncaged parrot. The CBI should be like Caesar’s wife, above suspicion,” he said in his order.

Investigative agencies have accused Kejriwal of misconduct in drafting the now-scrapped 2021-22 Delhi excise policy.

Kejriwal was initially arrested by the ED on March 21 in connection with the case.

Although the Supreme Court later granted him interim bail in the ED case, he remained in jail because the CBI formally arrested him on June 26 while he was already in judicial custody related to the ED investigation.

Chandigarh: The Congress party on Thursday released its third list of candidates for the Haryana Assembly elections.

Among the candidates announced in the third list are Chander Mohan from Panchkula, Nirmal Singh from Ambala, Pooja Chaudhary from Maulana, Akram Khan from Jagadhri, Rahul Makkar from Hansi, Manisha Sangwan from Dadri, Jagdish Yadav from Kosli and Lakhan Kumar Singhla from Faridabad.

Party Releases Its 2nd List Of Candidates

Earlier on September 9, the party released its second list of candidates.

The party fielded Ashok Arora from Thanesar, Kuldeep Sharma from Ganaur, Brijendra Singh from Uchana Kalan, and Paramvir Singh from Tohana.

Anirudh Chaudhary will contest from Tosham, Balram Dangi from Meham, Manju Choudhary from Nangal Chaudhary, Vardhan Yadav from Badshahpur, and Mohit Grover from Gurugram.

Notably, the Congress party has fielded newly inducted former athlete Vinesh Phogat from Julana.

Former Wrestler Vinesh Phogat Files Nomination For Haryana Assembly Elections 2024

Earlier on Wednesday, former wrestler and Congress candidate from Julana Assembly constituency, Vinesh Phogat, filed nomination for the upcoming Assembly elections in Haryana.

Phogat filed her nomination in the presence of Congress MP Deepender Hooda and other state leaders of the party.

She expressed her gratitude to the people of the constituency for their love and emphasised the party’s commitment to work for the welfare of every section.

“It is a matter of good fortune for me that I am entering politics. We are working hard for the welfare of every section. I am grateful for the love the people of Jualana are giving me,” Phogat said while speaking to reporters after filing her nomination.

Vinesh Phogat Joins Congress

Phogat joined the Congress party on September 6 along with olympian wrestler Bajrang Punia, providing a big boost to the party in the run-up to the upcoming Haryana Assembly elections.

Phogat is pitted against BJP candidate Captain Yogesh Bairagi in Julana for the upcoming Haryana Assembly elections. Bairagi also filed his nomination earlier in the day.

About Haryana Assembly Elections 2024

Voting for the 90-member legislative assembly in Haryana will be held on October 5, and the last date for filing nominations is September 12. The counting of votes will be held on October 8.

In the 2019 assembly polls, the BJP became the single-largest party with 40 seats and Congress won 30 seats.