Delhi Chief Minister Arvind Kejriwal has been granted bail by the Supreme Court - which found his "prolonged incarceration amounts to unjust deprivation of liberty" - after his arrest by the Central Bureau of Investigation in June in connection with the alleged liquor excise policy case.
The Aam Aadmi Party leader can now leave jail - after nearly six months without a trial - since he already has bail in the case filed by the Enforcement Directorate. He cannot, however go to his office or the Delhi Secretariat, or sign files without Lieutenant Governor VK Saxena's consent.
In a brief session Friday morning Justice Ujjal Bhuyan and Justice Surya Kant delivered separate verdicts on Mr Kejriwal's two pleas but agreed that the Chief Minister must be released.
Sources at Delhi's Tihar Jail told NDTV he will be released later today.
Mr Kejriwal had also challenged the CBI's arrest - which came days after the trial court in Delhi granted him bail in the ED case, and has been criticised by his lawyers as an "insurance arrest".
On this they differed, with Justice Kant declaring "no impediment" to the CBI's arrest, but Justice Bhuyan asking why the agency had become active "only after trial court granted bail in ED case".
READ | "Only After Trial Court..." Question For CBI As Arvind Kejriwal Gets Bail
On the matter of bail, however, the judges were united, noting "completion of trial (is) unlikely in (the) immediate future". The court then ruled as it had for others in this case, including ex-Deputy Chief Minister Manish Sisodia and Telangana politician K Kavitha. Both were released on similar grounds.
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And, as it had for Mr Sisodia, the court said it was a "travesty of justice" to keep Mr Kejriwal in jail without notice of a trial, particularly since he had already been granted bail in the case filed by the ED, in which he faced charges under the stringent Prevention of Money Laundering Act.
"I fail to understand great urgency on part of CBI to arrest appellant when he was on cusp of release in the ED case. (Additional Solicitor General SV) Raju (appearing for the CBI) vehemently argued appellant has to first approach trial court... this can't be accepted," Justice Bhuyan said.
READ | "Arrest Legal, But...": What Court Said While Giving Arvind Kejriwal Bail
In strong comments he also underlined the 'bail is rule, jail exception' legal principle that featured in Mr Sisodia and Ms Kavitha's release. "Further detention by CBI under same predicate offense is untenable. There is presumption of innocence. Bail is the rule and jail an exception."
The Supreme Court has already underlined the primacy of this principle, which was established in 1977 by Justice Krishna Iyer, holding it valid in both money-laundering and anti-terror cases.
AAP Rejoices
Mr Kejriwal's wife, Sunita Kejriwal, who delivered fiery political speeches while her husband was in jail, said the BJP's "plans" had been defeated. They want to jail opposition leaders and stay in power..."
News of Mr Kejriwal's release was also 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.
AAP's Boost Before Haryana Polls
Mr Kejriwal's release comes weeks before the Haryana Assembly election, in which his party will contest all 90 seats. The Haryana election will take place on October 5.
READ | No Pre-Poll Alliance With Congress? Haryana AAP Chief's Big Claim
The AAP had been in talks with the Congress, its ally on the national stage through the INDIA bloc, but seat-sharing proved to be a stumbling block that could not be overcome. The AAP wanted to contest 10 of the state's 90 seats, but the Congress would only give up seven.
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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