"Only After Trial Court..." Question For CBI As Arvind Kejriwal Gets Bail

The Supreme Court on Friday granted Delhi Chief Minister Arvind Kejriwal bail for his arrest by the Central Bureau of Investigation in the alleged liquor excise policy case. The court noted the Aam Aadmi Party leader had been in jail since March and came down strongly on his detention without a trial, noting the "prolonged incarceration amounts to unjust deprivation of liberty".

However, while the two-judge bench of Justice Surya Kant and Justice Ujjal Bhuyan agreed on the release of the Chief Minister, they differed on a second plea - challenging the CBI's arrest in June, while he was still in ED custody, and days after a trial court granted bail in the latter's case.

Justice Bhuyan asked tough questions of the CBI and its apparent late actions.

"It appears (that) only after trial court granted regular bail in ED case that CBI became active and sought custody. It didn't feel need to arrest for over 22 months..." he noted.

"I fail to understand the great urgency on part of CBI to arrest appellant as he was on cusp of release in the ED case. Mr Raju (Additional Solicitor General SV Raju, appearing for the probe agency) vehemently argued the appellant has to first approach the trial court... this can't be accepted."

Mr Kejriwal was first arrested in mid-March by the Enforcement Directorate. This was after he skipped nine summons to appear for questioning; he declared those summons "illegal".

However, in April last year the CBI had grilled the AAP leader for several hours in connection with the liquor policy case. Agency sources told NDTV then he had been called as a witness in the case

READ | "CBI Asked 56 Questions...": Kejriwal After 9-Hour Questioning

The AAP and Mr Kejriwal's lawyers have repeatedly argued that the CBI's move to arrest the Chief Minister on June 26 this year - more than a year after it first questioned him - was "insurance" in the event of his securing bail in the ED case, which he eventually did on July 12.

READ | "Insurance Arrest": Singhvi On CBI Action Against Arvind Kejriwal

In an exclusive interview with NDTV in July, hours after the Supreme Court granted bail in the ED case, Mr Singhvi claimed the CBI's move was proof that politics was at play in keeping him jailed.

Mr Kejriwal was unable to leave jail then as he had been arrested by the CBI.

When it was pointed out that accused in other cases had also been arrested by the CBI and ED, Mr Singhvi said, "... just because something happens several times doesn't make it right."

"Consider four dates and four facts... the so-called liquor scam starts with documents registered in mid-2022. Mr Kejriwal is interrogated for nine hours by the CBI in mid-2023, one year later. He is arrested by the ED in March 2024, after the elections are announced, and then arrested by the CBI, when he is already in (the ED's) custody, in June 2024," he told NDTV.

He also argued the main offence in the case filed by the CBI, and the facts and context in cases by both agencies, were similar, and asked why there was a need to arrest Mr Kejriwal separately.

"Travesty Of Justice": Court On Kejriwal In Jail

Meanwhile Justice Bhuyan also hit out at the "travesty of justice" that involved keeping Mr Kejriwal in jail without evidence to justify his detention. The term was also used when releasing Manish Sisodia on bail, Mr Kejriwal's ex-deputy, who had been jailed in this case for nearly 18 months without a trial. 

Justice Bhuyan also said material provided by the CBI - to justify keeping Mr Kejriwal in jail - was not satisfactory and criticised  "evasive replies" by the probe agency. In a significant statement he also said the accused "cannot be compelled to make inculpatory statements (referring to those that imply guilt)".

AAP Rejoices

News of Mr Kejriwal's release has been greeted with great joy by senior AAP leaders and party workers, with Mr Sisodia leading the train of congratulatory messages.

"Today, once again, truth has won in the fight against lies and conspiracies," he said, while his successor as Delhi's Education Minister, Atishi, said "truth can be troubled, but not defeated".

READ | "Welcome Back, Kejriwal": AAP Leaders Celebrate Court's Bail Order

AAP MP Raghav Chadha welcomed the decision and said the party had missed Mr Kejriwal's leadership. "Welcome back, Arvind Kejriwal, we missed you!" he said on X.

Delhi Liquor Policy Case Explained

The Delhi liquor excise policy case involves allegations that Mr Kejriwal and the AAP received kickbacks of Rs 100 crore, including significant payments from a 'South group' led by Ms Kavitha, for allotment of wholesale licences.

The ED and CBI believe this money was then used by the AAP to fund election campaigns, including that for the 2022 Goa Assembly election. They also believe Mr Kejriwal played a key role in drafting and clearing the controversial November 2021 policy, which was withdrawn eight months later.

NDTV Explains | 

Arvind Kejriwal, Manish Sisodia and the AAP, and Ms Kavitha and her party, the BRS of former Telangana Chief Minister K Chandrasekhar Rao, have denied all charges.

They have also counter-accused the ruling BJP, to whom federal agencies like the ED and CBI report, of mounting a campaign against its critics and opposition leaders, particularly before elections.

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