In a big relief for Delhi Chief Minister Arvind Kejriwal, the Supreme Court has granted him bail in the corruption case by the Central Bureau of Investigation (CBI), in connection with the alleged excise policy scam.
Justice Surya Kant, in his judgement, said Kejriwal is granted bail in the CBI case with a bail bond of Rs 10 lakh. He is also directed to not make any public comments on the merits of the case. The SC on Kejriwal’s bail plea said, “No impediment in arresting a person who is already in custody in another case for purposes of probe.”
While both judges unanimously decided to grant bail to Kejriwal, Justice Ujjal Bhuyan differed from Justice Kant regarding arrest of Kejriwal by the CBI and said it was only to “frustrate bail” in the Enforcement Directorate (ED) case.
While delivering the verdict, Justice Ujjal Bhuyan said CBI arrest was only a measure to make meaningless bail in the ED case and added that the CBI must dispel the notion of being a caged parrot and expressed reservations against bail condition in the ED case barring Kejriwal from visiting CM Secretariat or signing files.
The high court had noted that the loop of evidence against Kejriwal got closed after collection of relevant evidence following his arrest by the CBI and it cannot be said that it was without any justifiable reason or illegal. The high court had also granted him liberty to approach a trial court with his plea seeking bail in the case.
The top court had referred to a larger bench, preferably of five judges, for in-depth consideration of three questions on the aspect of “need and necessity of arrest” under the Prevention of Money Laundering Act (PMLA). The ED had on March 21 arrested Kejriwal in connection with the money laundering case.
Kejriwal had filed two petitions, one challenging the denial of bail and another against the upholding of his arrest by the CBI in the case. Kejriwal was arrested by the Enforcement Directorate on March 21 in a money laundering case linked to the now-scrapped excise policy.
On June 26, the CBI formally arrested him in a corruption case linked to the alleged scam. The Supreme Court had granted him interim bail in the money laundering case on July 12 and he is currently in judicial custody in the CBI’s corruption case. Of the 40 accused in the cases linked, only two —Kejriwal and businessman Amandeep Singh Dhall — remain behind bars.