Kejriwal Seeks Supreme Court's Intervention for Bail

August 12, 2024 - Delhi Chief Minister Arvind Kejriwal has asked the Supreme Court to release him from jail in the Delhi excise policy case. This request comes two days after the court granted bail to former Delhi Deputy Chief Minister Manish Sisodia, who is also being investigated by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED).

Kejriwal's petition challenges his arrest and subsequent detention, arguing that it was unjust. He disputes the Delhi High Court’s decision from August 5, which had upheld his arrest, stating that the CBI had enough evidence to justify his detention. Kejriwal’s legal team argues that the grounds for Sisodia's bail should apply to him as well, citing similar circumstances.

Petition Urged for Urgent Hearing

On Monday, Kejriwal’s plea was presented to Chief Justice of India Dhananjaya Y Chandrachud, requesting an urgent hearing. Senior lawyers Abhishek Manu Singhvi and CU Singh asked for the case to be heard on Tuesday. The CJI instructed them to send an email request as per court procedures.

Kejriwal’s petition highlights concerns about prolonged detention without trial, arguing that this could violate fundamental rights, especially since the investigation is nearly complete and he has strong community ties that lessen the risk of him fleeing.

Impact on Upcoming Delhi Elections

The timing of this petition is crucial due to the upcoming assembly elections in Delhi early next year. As the current Chief Minister and key leader of the Aam Aadmi Party (AAP), Kejriwal’s role is vital for the party's election strategy. His continued detention could hinder the party’s efforts to mobilize supporters and manage the election narrative effectively.

Background of the Case

Kejriwal has been in custody since March 21, except for a 21-day interim bail granted in May for Lok Sabha election campaigning. Although the Supreme Court granted him interim bail in July due to his extended detention, he remains in custody due to his arrest by the CBI in June.

The case against Kejriwal involves allegations of irregularities in Delhi’s excise policy for 2021-22. The CBI began its investigation in July 2022 following a recommendation from Delhi’s lieutenant governor. Kejriwal was the third AAP leader arrested in this matter. Sisodia was detained from February 2023 until his bail on August 9, while Rajya Sabha MP Sanjay Singh was granted bail in April.

Kejriwal's Legal Argument

In his Supreme Court petition, Kejriwal argues that his arrest was illegal and violated previous Supreme Court rulings requiring prior notice and concrete reasons for arrest. He claims that the CBI's reasons for his arrest were insufficient and that the timing of his arrest seemed intended to prevent his release in a separate money laundering case where he had already been granted bail.

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The Delhi High Court had previously upheld Kejriwal’s arrest and remand orders, finding no misuse of power by the investigating officers and confirming that the CBI provided valid reasons for his continued detention.