Arvind Kejriwal Granted Bail In Liquor Policy Case. Here's What The Supreme Court Order Read

New Delhi: In a big relief, the Chief Minister of Delhi Arvind Kejriwal has been granted bail by the Supreme Court in the Delhi Excise Policy Case after a period of almost six months. The corruption case in the excise policy scam was registered by the Central Bureau of Investigation (CBI). 

Arvind Kejriwal Granted Bail by Supreme Court

Delhi CM and AAP supremo Arvind Kejriwal was granted bail in the Delhi Excise Policy Case by a Supreme Court Bench of Justice Surya Kant and Justice Ujjal Bhuyan. The Aam Aadmi Party politician surrendered on March 21 and has been in jail ever since. The verdict in this case was reserved on September 5 and has been pronounced today. The Court also said, “completion of trial (is) unlikely to occur in (the) immediate future.”

The Supreme Court order will be given to Kejriwal's lawyers in about one hour after which Kejriwal's lawyers will take the order to the lower court where the lower court will decide the bail conditions. Only after this, the release order will reach Tihar

Arvind Kejriwal 's Bail Conditions

Arvind Kejriwal has been granted a conditional bail in the Delhi Excise Policy Case and the conditions are -

1. Arvind Kejriwal will not make any public comment on merits of the case. Conditions imposed in ED matter shall apply in this case also. (Point 3-6) He shall fully cooperate with TC.
2. SC has directed to furnish a surety of Rs. 10 lakhs.
3. He shall not visit the Office of the Chief Minister and the Delhi Secretariat.
4. He shall be bound by the statement made on his behalf that he shall not sign official files unless it is required and necessary for obtaining clearance/approval of the Lieutenant Governor of Delhi.
5. He will not make any comment with regard to his role in the present case.
6. He will not interact with any of the witnesses and/or have access to any official files connected with the case.

Arvind Kejriwal Granted Bail: Here's What Supreme Court Said

• ‘Arrest Doesn’t Suffer from Illegality But…': Justice Surya Kant

While pronouncing the verdict, Justice Surya Kant said, “Appellant's arrest does not suffer from illegality. On bail, we have discussed briefly. Basic principle is...issue is of liberty...integral to sensitized judicial process. Prolonged incarceration amounts to unjust deprivation of liberty. Courts would inhere towards liberty of person, save and except when person is likely to...we have discussed Art. 21. On facts, we have pointed out... four supplementary CS have been filed. We are informed TC has taken cognizance.”

• ‘HC Set Aside. Directed to be Released on Bail’: SC

On bail to Arvind Kejriwal , Justice Surya Kant said, “We do not deem necessary at this stage to relegate appellant to TC. Criminal appeal as challenging legality to arrest, we have declined. As regards bail, we have allowed appeal. HC set aside. Directed to be released on bail.”

• ‘CBI Cannot Justify Arrest and Continue Detention’: Justice Ujjal Bhuyan

Calling the arrest of Kejriwal unjustified, Justice Ujjal Bhuyan said, “On necessity and timing of arrest, I have a definite point of view. Therefore, this separate opinion, while concurring with the view that appellant should be released. CBI's appearance raises more questions than it answers. It appears only after TC granted regular bail to appellant in ED case, that CBI became active and sought custody. It didn't feel need to arrest for over 22 months. Such action raises serious question on arrest itself and a view may be taken. 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.”

Justice Bhuyan further said, “I fail to understand the great urgency on part of CBI to arrest appellant when he was on cusp of release in ED case. Mr Raju vehemently argued that appellant has to first approach TC...it can't be accepted. Further detention by CBI under same predicate offense has become untenable. There is presumption of innocense. Bail is the rule and jail an exception. Courts must ensure that pre-trial process does not become punishment. Belated arrest of appellant unjustified. This court imposed several conditions in ED case. Though I have serious reservations on conditions which debarred him from entering Secretariat and signing files...I'd refrain from saying further…”

• ‘Perception Matters': Supreme Court on CBI Investigation

On the process of investigation by the Central Bureau of Investigation, the Supreme Court said, “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 perception that investigation not carried out fairly. Perception Matters.”

Justice Ujjal Bhuyan further said, “Perception matters and CBI must dispel the notion of being a caged parrot and must show it is an uncaged parrot. CBI should be like Caesar's wife, above suspicion...”

AAP Reactions on Arvind Kejriwal 's Bail

The Aam Aadmi Party (AAP) has hailed this decision of the Supreme Court in a post on social media platform ‘X’ (formerly known as Twitter).

Former deputy chief minister Manish Sisodia, who was recently granted bail in the excise policy cases of the ED and CBI by the apex court, also shared a post on ‘X’. 

AAP Rajya Sabha MP Raghav Chadha has also shared a post on X saying, “Welcome back Arvind Kejriwal , we missed you!”

Arvind Kejriwal 's wife, Sunita Kejriwal in a post said, "Congratulations to the AAP family'.

BJP Demands Kejriwal's Resignation

Reacting to the Supreme Court verdict granting bail to Arvind Kejriwal in the Delhi Excise Policy Case, the Bhartiya Janata Party ( BJP ) has demanded Kejriwal's resignation. In a post on ‘X’ (formerly known as Twitter), BJP Delhi State President Virendra Sachdeva has said, “In the Arvind Kejriwal case, the Honourable Supreme Court has made it clear that his arrest is legal and the charges against him are valid. Kejriwal getting conditional bail is not a great achievement, the trial will go on and he will soon get a long sentence. Kejriwal should remember that he has now joined the list of Chief Ministers like Ms Jayalalitha, Lalu Yadav, Madhu Koda who also got bail and will soon be sentenced and go to jail again. Due to the conditions on which Arvind Kejriwal has got bail, although Kejriwal has got bail, he no longer has any right to remain on the post of Chief Minister. Kejriwal should resign!”

What is the Delhi Excise Policy Case?

Kejriwal was arrested by the ED on March 21, 2024, in connection with a money laundering probe relating to alleged irregularities in the now-cancelled Delhi excise policy 2021-22.On June 26, 2024, AAP Chief Arvind Kejriwal was arrested by CBI while he was in custody of the Enforcement Directorate in the excise case.

The liquor scam in which the Delhi Chief Minister was arrested pertained to alleged corruption and money laundering in the formulation and execution of the Delhi government's excise policy for 2021-2022. The case arose after the then Delhi Chief Secretary Naresh Kumar submitted a report to the Lieutenant Governor (LG) Vinai Kumar Saxena in July 2022, highlighting alleged procedural lapses in the formulation of the liquor policy. The report also submitted to CBI said 'arbitrary and unilateral decisions' taken by former Delhi Deputy CM Manish Sisodia as Excise Minister resulted in 'financial losses to the exchequer' worth over Rs 580 crore.

This report submitted to the crime branch led to Sisiodia's arrest and named him and 14 others including AAP communications in-charge Vijay Nair in the FIR. Meanwhile, the ED alleged AAP leaders received kickbacks with Rs 100 crore in the policy, with Kejriwal's name being mentioned multiple times.

(Inputs from Agencies)