The two-member Supreme Court bench which granted bail to Delhi Chief Minister Arvind Kejriwal had opposing views about CBI’s actions in the liquor policy case. Justice Ujjal Bhuyan called the arrest unjustified and observed the central agency became active only when he was about to be released from Tihar prison after getting bail in a connected case by ED.
Hearing Arvind Kejriwal’s pleas challenging his arrest by the Central Bureau of Investigation in liquor policy case and his bail petition, a bench of Justices Surya Kant and Ujjal Bhuyan concurred on the question on bail and ordered his release from Tihar prison. While Justice Kant observed CBI’s arrest cannot be termed illegal, Justice Bhuyan questioned timing of the CBI’s arrest and its reasoning.
In his judgment, Justice Bhuyan observed, “CBI's appearance raises more questions than it answers. It appears only after trial court granted regular bail to Kejriwal in the ED case, that CBI became active and sought custody. It didn't feel need to arrest for over 22 months. Such action raises serious questions on arrest itself,” Live Law reported.
Justice Bhuyan said he fails to understand CBI’s urgency to arrest Kejriwal while he was about to get released from prison after getting bail in a connected ED case. He also observed the grounds for CBI’s arrest was not justified. “As far as grounds of arrest are concerned, these would not satisfy necessity of arrest. CBI can't justify arrest and continue detention citing evasive replies. Accused can't be compelled to make inculpatory statement,” Live Law reported quoting Justice Kant.
Justice Bhuyan also had opposing views on conditions imposed on the Delhi CM regarding his visit to the office and carrying out official duties. However, he did not pronounce them in the verdict.
“CBI is a premier investigating agency. It's in public interest that CBI must be seen to be above. Effort must be made to remove the perception that investigation not carried out fairly. Perception matters,” Bhuyan observed.
The ED arrested Arvind Kejriwal on March 21 in connection with alleged scam in the scrapped Delhi liquor policy. The CBI arrested him from Tihar prison on June 26 in a prevention of corruption case registered in connection with the alleged scam.
The matter relates to alleged corruption and money laundering in the formulation and execution of the Delhi government's excise policy for 2021-22, which has now been scrapped.
The apex court granted bail to Kejriwal in ED’s case on July 12, observing the AAP leader has been in prison for 90 days. However, he had to remain in prison as he was serving remand in CBI’s case. The Supreme Court had also granted interim bail to Kejriwal during the Lok Sabha polls for campaigning.
