Arvind Kejriwal Appeals to Supreme Court for Bail in Delhi Excise Policy Case
Arvind Kejriwal : Delhi Chief Minister Arvind Kejriwal has approached the Supreme Court, requesting to be released from jail in connection with the Delhi excise policy case. He is currently under investigation by the Central Bureau of Investigation (CBI). Kejriwal is challenging his arrest and remand orders, arguing that the Delhi High Court's decision on August 5, which confirmed his detention as legal and supported by sufficient evidence, was incorrect.
Recent Developments
This request follows the Supreme Court's decision on August 9 to grant bail to former Delhi Deputy Chief Minister Manish Sisodia, who had been imprisoned for 17 months. The court ruled that his extended detention violated his right to liberty and a speedy trial. Kejriwal, who has been in custody since March 21, was granted a 21-day interim bail in May for Lok Sabha election campaigning and another interim bail from the Supreme Court on July 12 for a separate case. However, he remains in custody due to his arrest by the CBI on June 26.
Background of the Case
The case revolves around alleged irregularities in Delhi’s excise policy for 2021-22, which was scrapped and investigated following a recommendation from Delhi’s Lieutenant Governor in July 2022. Kejriwal is the third AAP leader to be arrested in this case, following Sisodia’s arrest in February 2023 and Rajya Sabha member Sanjay Singh’s bail in April after six months in custody.
Arguments Against Arrest
In his Supreme Court petition, Kejriwal argues that his arrest and remand orders were illegal and did not follow previous Supreme Court rulings requiring the CBI to provide prior notice and concrete reasons for arrest. He claims that his arrest was an attempt to prevent his release from custody in a separate money laundering case, where he had been granted bail on June 20. This bail was overturned by the Delhi High Court the next day.
Legal Proceedings
On June 20, a Delhi court granted Kejriwal bail in the ED case, citing insufficient direct evidence. However, this decision was quickly stayed by the Delhi High Court on June 21, which criticized the bail order as flawed. The Supreme Court’s interim bail on July 12 acknowledged the prolonged detention and discussed the need to consider "need and necessity to arrest" and "doctrine of proportionality" in such cases.
Current Petition
High Court Ruling
On August 5, the Delhi High Court upheld Kejriwal’s arrest on June 26. The court found no misuse of power by the investigating officer and confirmed that the detention and remand orders were legally justified, noting the CBI’s valid reasons for seeking further remand and Kejriwal’s evasive responses during the investigation.
.