In a pivotal ruling, the Supreme Court, with a bench comprising Justice Surya Kant and Justice Ujjal Bhuyan, granted bail to Arvind Kejriwal, raising important questions about his arrest by the CBI. Justice Ujjal Bhuyan, in his concurring judgment, expressed concerns over the timing and manner of Kejriwal's arrest in June by the CBI, suggesting that it might have been aimed at preventing him from securing bail in a related Enforcement Directorate (ED) case.
Justice Bhuyan highlighted that Kejriwal’s arrest based on alleged non-cooperation was not justified, as non-cooperation does not amount to self-incrimination. He emphasized the fundamental legal principle that bail should be the norm, and imprisonment should be the exception. The Supreme Court stressed the importance of ensuring that the legal process itself does not become a form of punishment.
This ruling comes after Kejriwal’s prolonged legal battle following his arrest related to alleged irregularities in the Delhi Excise Policy, which was scrapped in 2022 after an investigation ordered by the Delhi Lieutenant Governor. The CBI had arrested Kejriwal on June 26, 2024, while he was already in custody in a money laundering case under investigation by the ED. Although he had been granted interim bail in the ED case, he remained in jail due to the CBI's arrest.
The Supreme Court’s decision to grant bail overturned earlier denials by the Delhi High Court, which had directed Kejriwal to seek bail through the trial court. This ruling reaffirms the judiciary's commitment to upholding the principle of fairness in the justice system.
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