Delhi Chief Minister Kejriwal’s bail application: Verdict to be announced tomorrow

The Supreme Court will on Friday deliver its verdict on Delhi Chief Minister Arvind Kejriwal’s petition challenging his arrest by the Central Bureau of Investigation (CBI) and seeking bail in the corruption case related to the alleged liquor scam.

According to the case list published on the Supreme Court website, a bench headed by Justice Surya Kant will deliver its verdict on September 13.

Last week, the bench, also comprising Justice Ujjal Bhuyan, reserved its decision after hearing oral arguments of senior advocate Abhishek Manu Singhvi, representing the Aam Aadmi Party (AAP) president, and Additional Solicitor General (ASG) SV Raju, appearing on behalf of the CBI.

During the hearing, Singhvi alleged that the CBI did not arrest CM Kejriwal after two years but made an “insurance arrest” in a hurry to prevent his release in the money laundering case. The CBI arrested Kejriwal because of “his lack of cooperation and evasive answers” but there are several Supreme Court judgements which say that cooperation with the investigation should not mean that the accused has to incriminate himself and confess to the offences against him, he said.

Singhvi added that Kejriwal, a constitutional officer who holds the office of Delhi Chief Minister, has fulfilled the triple requirements for granting bail. “He is not an absconding risk, he will appear to answer the questions of the investigating agency and he cannot tamper with documents running into hundreds of thousands of pages and digital evidence after two years,” he added.

On the other hand, the central agency feared that the release of Chief Minister Kejriwal would make many witnesses “hostile” and urged the Supreme Court not to grant him bail. ASG Raju said many AAP candidates in the Goa assembly elections had submitted their statements to the central agency only after the arrest of Chief Minister Kejriwal.

“They (the witnesses) will become hostile if Your Lordships release Kejriwal on bail,” he argued. He argued that CM Kejriwal’s bail application should be remanded to the trial court and he should not seek bail in the Delhi High Court at the first instance. The ASG stated that an arrest is part of an investigation and normally an investigating officer does not need a court’s permission to make an arrest. “But in the present case, there was a court order granting authority (to arrest),” he said. He added that if an arrest is made on the basis of a court order, an accused cannot plead violation of fundamental rights.

Recently, the Supreme Court granted bail petitions of senior AAP politician and former Delhi Deputy Chief Minister Manish Sisodia, BRS politician K. Kavitha and former AAP Communications Officer Vijay Nair in the excise policy case.

In his special leave petition before the Supreme Court, the Aam Aadmi Party (AAP) leader challenged his arrest and the subsequent remand orders while also seeking bail in the corruption case. The CBI, on the other hand, sought dismissal of Chief Minister Kejriwal’s petition, saying that the AAP chief was only trying to create political drama in the matter despite several orders issued by different courts prima facie satisfying the commission of the offences for which cognizance was already taken.

The agency said that while Chief Minister Kejriwal “does not hold any ministerial post in the National Capital Territory of Delhi, all decisions of the government and the party are taken with his consent and on his instructions,” adding that this applies not only to decisions in Delhi but across the country where the AAP has its presence.

The Supreme Court on July 12 ordered the interim release of CM Kejriwal in connection with the money laundering case filed by the Enforcement Directorate (ED). However, he could not leave the jail as he was arrested by the CBI.

Meanwhile, a Delhi court on Wednesday extended the remand of Prime Minister Kejriwal until September 25. He was produced via video conference from Tihar Jail after the remand granted to him had expired.

(With contributions from IANS)