New Delhi: The Supreme Court is set to deliver a crucial verdict today on whether Delhi Chief Minister Arvind Kejriwal will be granted bail after his arrest by the Central Bureau of Investigation (CBI) in connection with the alleged liquor excise policy scam. This decision could determine whether Mr. Kejriwal will be released nearly six months after his initial arrest by the Enforcement Directorate (ED) in June, and two months after securing bail for that arrest.
If the Supreme Court rules in favor of Kejriwal, he will be released after being detained since his second arrest by the CBI. On July 12, after the ED dropped its challenge, Kejriwal was unable to leave custody because of his re-arrest by the CBI in connection with the same case.
Insurance measure intended to keep AAP leader in jail: Singhvi
Senior advocate Abhishek Singhvi, representing Kejriwal, has repeatedly criticized the CBI's second arrest as an "insurance" measure intended to keep the Aam Aadmi Party (AAP) leader in jail and his party unsettled ahead of February's Delhi election. In various hearings, including the Supreme Court, Singhvi has argued that Kejriwal has already satisfied the legal principle known as the 'triple test' for bail. He pointed out that the same court granted him bail in the ED case.
Substantial evidence against Kejriwal: CBI
However, the CBI continues to argue that there is substantial evidence against Kejriwal, much of which relies on the testimony of 'approvers'—former accused individuals who have been pardoned or promised lesser sentences in exchange for testifying against the Delhi Chief Minister. The agency, like the ED, believes Kejriwal played a crucial role in formulating and approving the controversial November 2021 liquor excise policy, which was later withdrawn.
During hearings, the Supreme Court dismissed the CBI's argument that granting Kejriwal bail now would "demoralize" the High Court, which had denied him relief earlier. "Don't say that..." a bench comprising Justice Ujjal Bhuyan and Justice Surya Kant, who will deliver today's verdict, cautioned the agency.
Concerns Over Use of 'Approvers' in Prosecution
The Supreme Court has expressed concern about agencies relying heavily on 'approvers' to build their cases. In a related case involving Telangana politician K Kavitha, another accused in this matter, the court questioned the fairness of making a person who incriminates themselves a witness. "You have to be fair... a person who incriminates himself is made a witness? What is this fairness?" the court noted while granting bail to Kavitha.
In previous discussions related to other cases under the Prevention of Money Laundering Act (PMLA), under which Kejriwal faces charges, the Supreme Court has emphasized that 'bail is the rule, jail is the exception.' This principle, laid down in 1977 by Justice Krishna Iyer, suggests that the right to liberty is fundamental and must be prioritized over the stringent conditions for bail outlined under Section 45 of the PMLA.
A Precedent of Bail for Opposition Leaders
If granted bail, Kejriwal will be the fifth and most high-profile opposition leader released from jail in this case. His former deputy, Manish Sisodia, AAP Rajya Sabha MP Sanjay Singh, K Kavitha, and AAP leader Durgesh Pathak were previously released by the Supreme Court. In each case, the court noted that authorities could not hold the accused in prison indefinitely without trial. In Sisodia's case, the court criticized the prolonged detention as a "travesty of justice" and highlighted the violation of a citizen's right to liberty.
In April, while granting bail to Sanjay Singh, the Supreme Court questioned why the Enforcement Directorate had detained him for six months without a trial and failed to recover the ₹2 crore he allegedly received as a bribe. Similarly, when releasing Kavitha, the court emphasized that the Bharat Rashtra Samithi leader could not remain in jail if there was no likelihood of a trial in the near future.
Allegations Against Kejriwal and Political Implications
The Delhi liquor excise policy case involves allegations that Kejriwal and the AAP received ₹100 crore in kickbacks, including substantial payments from a 'South group' led by Kavitha, in exchange for granting wholesale licenses. The ED and CBI allege that this money was then used by the AAP to fund election campaigns, including the 2022 Goa Assembly election.
Both Kejriwal and the AAP, as well as Kavitha and her party, the Bharat Rashtra Samithi (BRS), led by former Telangana Chief Minister K Chandrasekhar Rao, have denied all charges. They have accused the ruling Bharatiya Janata Party (BJP), to whom federal agencies like the ED and CBI report, of orchestrating a campaign against its critics and opposition leaders, especially in the run-up to elections.
The Supreme Court's decision today will be a significant moment, not just for Kejriwal, but also for the ongoing political dynamics in India, especially with the upcoming Delhi elections on the horizon.
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