Arvind Kejriwal got bail but is his arrest legal or illegal? SC judges have different opinions

The Supreme Court has granted conditional bail to Delhi Chief Minister and Aam Aadmi Party national convenor Arvind Kejriwal in the corruption case registered by the CBI in the alleged excise policy scam. The opinions of two judges of the Supreme Court also differed in this matter of bail.

While reading the verdict, Justice Suryakant of the Supreme Court said, ‘We have decided three questions: Was there any illegality in the arrest, should the appellant be granted regular bail, is the filing of the charge sheet such a change in circumstances that it can be sent to the trial court?’

Justice Suryakant termed the allegations correct

Justice Suryakant said, ‘We do not agree with the appellant’s arguments that the CBI failed to comply with Section 41. The appellant’s allegation is correct under the law. Being imprisoned for a long time is a problem for freedom. Courts generally lean towards freedom.

Arvind Kejriwal has been granted bail on the basis of conditions. According to which, Kejriwal will not make any public comment on the merits of the case. The conditions imposed in the ED case will also apply in this case. He will have to cooperate fully with the trial court.

Justice Bhuinya raised questions on arrest

Justice Bhuinya said, ‘It seems that the CBI became active and sought custody only after the trial court granted regular bail to the appellant in the ED case. For more than 22 months, the need to arrest him was not felt. Such action raises serious questions on the arrest itself.’

Justice Ujjal Bhuinya said that the arrest made by the CBI is a mere attempt to make the bail in the ED case meaningless. He said that the CBI is a premier investigating agency. Efforts should be made to remove the impression that the investigation was not conducted impartially. He objected to the bail condition in the ED case, in which Kejriwal has been barred from going to the CM Secretariat or signing files.

Bail conditions

However, while granting bail, the Supreme Court has also imposed some conditions. The same conditions will apply to him for bail, which were imposed while granting bail in the ED case.

(I) Will not make any public statement regarding his case.

(II) He will not visit the Chief Minister’s Office and Delhi Secretariat.

(III) He is bound by his statement that he will not sign government files unless it is necessary to do so and is required to obtain the approval/approval of the Lieutenant Governor of Delhi.

(IV) He will not make any public comment regarding his role in the present case.

(V) He will not interact with any witness and/or have access to any official file related to the case.

Arrest was made on March 21

Arvind Kejriwal was arrested on March 21 in the alleged liquor scam. On May 10, the Supreme Court granted him bail due to the Lok Sabha elections. After this, Kejriwal surrendered on June 2. Both ED and CBI are investigating this case. Kejriwal got bail from the Supreme Court on July 12 in the ED case. Now he has got bail in the CBI case as well.