Supreme Court Reserves Decision on Arvind Kejriwal’s Bail Plea in Excise Policy “Scam” Case
Image Source: Mint
The Supreme Court has reserved its decision on Delhi Chief Minister Arvind Kejriwal’s bail plea in the excise policy “scam” case, following strong opposition from the Central Bureau of Investigation (CBI). The central agency argued that witnesses, including Aam Aadmi Party (AAP) candidates who contested elections in Goa, might turn hostile if Kejriwal is released on bail.
Represented by Additional Solicitor General (ASG) S. V. Raju, the CBI presented its case before a two-judge bench comprising Justice Surya Kant and Justice Ujjal Bhuyan. The ASG emphasized that there are several witnesses in the case, particularly AAP candidates from Goa, who had avoided giving statements until Kejriwal’s arrest. “Now, after he comes out, all those witnesses will turn hostile,” Raju argued. He further suggested that if the court considers granting any protection to Kejriwal, it should be delayed until key witnesses are examined.
The CBI also brought up a “Punjab angle,” where the ASG claimed that a liquor distributor, Mahadev Liquors, was allegedly coerced into surrendering his wholesale license in Punjab after refusing to pay bribes. The ASG alleged that the AAP government in Punjab, under Kejriwal’s influence, was not granting the CBI permission to investigate this angle.
Senior Advocate A. M. Singhvi, representing Kejriwal, argued that the Delhi CM had already been granted bail in a related case by the Enforcement Directorate (ED) under the Prevention of Money Laundering Act (PMLA), which has more stringent provisions than the Prevention of Corruption Act, under which the CBI has booked him. Singhvi contended that Kejriwal’s arrest by the CBI was an “insurance arrest” to prevent his release if he secured bail in the PMLA case.
Singhvi also emphasized that Kejriwal, as a constitutional functionary, is not a flight risk and that there is no risk of tampering with evidence, which is already documentary in nature and collected by the agencies. He challenged the CBI’s procedural approach, noting that the agency had sought permission to interrogate Kejriwal while he was in ED custody without providing prior notice, as required under Section 41A of the Criminal Procedure Code.
The CBI’s ASG Raju countered Singhvi’s argument, stating that Kejriwal had approached the Delhi High Court seeking bail without first going to the Sessions Court, a step that can only be skipped under exceptional circumstances. “The only exceptional circumstance in Kejriwal’s case is that he is the Chief Minister,” Raju asserted.
Singhvi responded that the Supreme Court could not send Kejriwal back to the trial court, which had already considered his bail application during remand, and cited the court’s stance while granting bail to Delhi Deputy Chief Minister Manish Sisodia in a related case.
Kejriwal was arrested by the ED on March 21 in the money laundering case linked to the alleged excise policy “scam.” On June 26, he was formally arrested by the CBI in the corruption case related to the same matter. While the Supreme Court granted him interim bail in the money laundering case on July 12, he remains in judicial custody in the corruption case. The Supreme Court’s decision on whether to grant bail to the Delhi Chief Minister is awaited.
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