In a landmark decision, the Supreme Court of India has granted bail to Delhi Chief Minister Arvind Kejriwal in the ongoing excise policy case. The Court has set the bail conditions at a Rs 10 lakh bond along with two sureties.
The Supreme Court issued the bail order after Kejriwal agreed to the three conditions attached to it. The Court formulated three critical questions for consideration: the legality of the arrest, the appropriateness of granting regular bail, and whether the submission of the charge sheet would alter the circumstances significantly.
Justice Surya Kant, delivering the Court’s opinion, emphasized the need for advanced legal principles in the grant of bail, criticizing the extended detention of individuals during investigations. The Court noted that the CBI had provided justifications for Kejriwal’s arrest in their application.
Kejriwal’s lawyer, Abhishek Manu Singhvi, highlighted that Kejriwal’s name was not included in the FIR filed by the CBI. Singhvi also pointed out that both the Supreme Court and a trial court had previously directed the release of Kejriwal on bail. Kejriwal had filed two petitions challenging his arrest and seeking bail, which were reviewed by the Supreme Court.
Earlier, the Delhi High Court had rejected Kejriwal’s bail petition on August 5, advising him to approach the trial court. The High Court had expressed concerns that Kejriwal might influence witnesses if granted bail. The Supreme Court’s decision to grant bail came after Kejriwal challenged the Delhi High Court’s order in the Supreme Court.
The excise policy case involves allegations of corruption related to the implementation of the Excise Policy 2021-22 by the Delhi government. The Enforcement Directorate (ED) has registered a case for money laundering in connection with this policy. Both the CBI and ED have accused Kejriwal and others of illegal practices and providing undue benefits to licensees.
The Supreme Court had previously granted interim bail to Kejriwal on July 12 in a money laundering case linked to the excise policy. The case was referred to a five-judge constitutional bench for detailed examination of the legal principles governing bail and detention under money laundering laws.