The Supreme Court granted Delhi Chief Minister Arvind Kejriwal bail in the Delhi excise policy case. The court made several important observations during the ruling, which provided Kejriwal relief just ahead of the Haryana elections.
Here are the key points from the Supreme Court’s ruling:
Perception Matters: The court emphasized that public perception is critical, urging the Central Bureau of Investigation (CBI) to ensure it is not seen as a “caged parrot” and maintain transparency. The agency must operate beyond suspicion, much like “Caesar’s wife.”
Legality of Arrest: The court found no legal obstacles to arresting someone already in custody, noting that the CBI had documented reasons justifying Kejriwal’s arrest. There was no breach of Section 41A(3) of the Code of Criminal Procedure.
Timing Questioned: Justice Ujjal Bhuyan expressed concerns over the timing of Kejriwal’s arrest, pointing out that despite being questioned by the CBI in March 2023, he was not arrested until much later—after his Enforcement Directorate (ED) arrest was stayed. This delay raised doubts about the motives behind his arrest.
CBI’s Actions Questioned: The court rejected the argument from the Additional Solicitor General that Kejriwal should have approached the trial court for bail, stressing that the trial process should not be punitive. The belated arrest was seen as unjustified.
Public Narrative: The court ordered Kejriwal not to make public comments on the case and to attend all hearings unless formally exempted.
This decision highlights the judiciary’s concerns about maintaining fairness in high-profile investigations and ensuring that legal actions do not appear politically motivated.