Arvind Kejriwal bail conditions: Can't enter Chief Minister's office, sign files
Delhi Chief Minister Arvind Kejriwal has been in jail since April 1, 2024 for his alleged role in the Delhi excise policy case. On Sept 13, the AAP supremo was granted bail by the Supreme Court.
But there are certain conditions.
Kejriwal can't enter the Chief Minister's office (CMO) or the Delhi secretariat while out on bail. He cannot sign official files.
Kejriwal cannot make comments about the Delhi liquor policy case
The Delhi Chief Minister will have to be present for trial unless exempted by courts
The case against Arvind Kejriwal centers on accusations of irregularities in the formulation of the now-defunct Delhi excise policy for 2021-22. It is alleged that Kejriwal, along with other AAP leaders, intentionally created loopholes in the policy to receive kickbacks from liquor lobbyists.
Investigative agencies claimed that the funds obtained through this scheme were funneled into AAP's election campaign in Goa.
The CBI and the Enforcement Directorate (ED) are jointly investigating the case, with Kejriwal having been arrested by the ED on March 21.
Justice Ujjal Bhuyan said, “CBI must be seen above board and every effort must be made so that arrest is not in a high handed manner.
In a country, perception matters and the CBI must dispel the notion of being a caged parrot.... it must show it is an uncaged parrot.
CBI should be like Caesar's wife, above suspicion”.
Granting bail to the Delhi Chief Minister, Justice Surya Kant said, “There are three questions: whether there was illegality in arrest by CBI, if he can be released forthwith and whether filing of chargesheet is of such nature that he has to only go to trial court.
Arvind Kejriwal satisfies the triple condition for the grant of bail and we order accordingly”.
Justice Surya Kant said, “Arvind Kejriwal shall not make any public comments about this case and be present for all hearings before trial court unless exempted. Conditions imposed in Enforcement Directorate matter shall apply in this case also. He shall fully cooperate with Trial court”.
Supreme Court judges split on the legality of CBI's arrest. Both the judges delivered separate but concurring judgements but unanimously held that the trial of the case was unlikely to conclude in the near future.
While Justice Suryakant said Kejriwal’s arrest by the CBI was not illegal, Justice Ujjal Bhuyan said that the arrest by CBI raises more questions than it answers.
“On the necessity and need of arrest, arrest by CBI raises more questions than it answers! CBI did not feel the need to arrest him though he was interrogated in March 2023 and it was only after his ED arrest was stayed..
CBI became active and sought custody of Kejriwal and thus no need of arrest for over 22 months. Such action by CBI raises serious question on the timing of the arrest and such arrest by CBI was only to frustrate the bail granted in ED case,” Justice Ujjal Bhuyan said.
Justice Bhuyan further added that he failed to understand the hurry of the CBI to arrest Kejriwal when it had not arrested him for 22 months and only arrested him when he was on the cusp of getting bail in the ED case.
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