the Supreme Court has granted bail to Delhi Chief Minister Arvind Kejriwal in the CBI case connected to the alleged Delhi liquor policy scam. This decision comes after several other high-profile individuals, accused in the same case, were granted bail in recent months. With Kejriwal’s release, Amandeep Dhall remains the only person still in custody in relation to the case.
Kejriwal’s Bail: A Landmark Decision
Kejriwal was arrested by the Enforcement Directorate (ED) on March 21, 2024, after the Delhi High Court denied him interim protection. Following a period of pre-trial incarceration, the Supreme Court granted him interim bail on May 10, 2024, allowing him temporary release during the Lok Sabha election period. However, after the bail expired on June 2, Kejriwal surrendered and was rearrested by the CBI under the Prevention of Corruption Act.
Yesterday, the Supreme Court finally granted Kejriwal bail in the CBI case, following a pattern established in similar cases where the court cited long pre-trial incarcerations and the remote possibility of a speedy trial. The Court observed that most of the evidence against Kejriwal, much like in other cases, was documentary in nature and had already been seized. Additionally, the likelihood of a trial being completed soon was ruled out, considering the vast number of witnesses and documentary evidence involved.
While Kejriwal was granted bail, the Supreme Court dismissed his challenge to the legality of his arrest by the CBI. The Court ruled there was no procedural irregularity in his arrest, though one of the judges questioned the necessity and timing of his detention. Kejriwal’s interim bail in the ED case related to the Prevention of Money Laundering Act (PMLA) is still under consideration.
Bail Granted to Other High-Profile Accused
The case has involved the arrests of several prominent political leaders and businessmen, many of whom have secured bail over the past few months. Key figures include:
- Manish Sisodia, former Deputy CM of Delhi, was granted bail by the Supreme Court in both corruption and money laundering cases. The court cited his prolonged detention of 17 months and the unlikelihood of a timely trial. The bench reiterated that extended undertrial custody amounted to a violation of fundamental rights, particularly the right to a speedy trial under Article 21 of the Constitution.
- Sanjay Singh, an Aam Aadmi Party (AAP) MP, was granted bail in April 2024. The ED, after initially opposing his release, later conceded, with the court noting that no money was recovered from Singh and that key witness Dinesh Arora, who had turned approver, initially did not implicate him.
- K Kavitha, a leader of the Bharat Rashtra Samithi (BRS) and daughter of Telangana Chief Minister K Chandrashekar Rao, was granted bail by the Supreme Court after being in custody for over five months. The Court noted that the investigation had reached a stage where her continued detention was unnecessary, and the trial was unlikely to conclude soon.
- Vijay Nair, AAP’s former communications in-charge, secured bail after spending 23 months in custody. Like others, the Supreme Court emphasized that extended pre-trial incarceration, without trial commencement, violated the principle that “bail is the rule, jail is the exception.”
The courts have also extended bail to Abhishek Boinpally, a Hyderabad businessman; Benoy Babu, a regional manager at Pernod Ricard India; Sarath Chandra Reddy, director of Aurobindo Pharma; and Raghav Magunta, son of MP Magunta Srinivasulu Reddy, among others.
Criticism of Investigative Agencies
Throughout these proceedings, the courts have questioned the fairness of the investigations conducted by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED). In particular, they have criticized the agencies for selective treatment of accused individuals, some of whom were turned into approvers. Justice BR Gavai, while granting bail to K Kavitha, remarked that the prosecution must be fair and consistent in its treatment of accused persons.
In several cases, the courts have pointed out contradictions in the allegations made by the CBI and ED, and questioned why certain accused were kept in custody for extended periods when most of the evidence was documentary and had already been collected.
Amandeep Dhall Remains in Custody
With the granting of bail to Arvind Kejriwal, Amandeep Dhall is the only individual still in custody related to the Delhi liquor policy case. Dhall, a prominent liquor businessman, was arrested for his alleged role in the liquor scam but has not yet secured bail.
The Road Ahead
As the Delhi liquor policy case continues to unfold, it remains to be seen how the courts will handle the remaining proceedings, especially concerning the unresolved cases of interim bail. The release of most accused individuals highlights concerns about the length of pre-trial detentions and the delays in the judicial process, which have raised broader questions about the state of the criminal justice system in India.