Like Caesar’s wife, an investigating agency must be above board, Justice Ujjal Bhuyan tells CBI

Maintaining that in a functional democracy governed by the rule of law, perception matters, Justice Ujjal Bhuyan of the Supreme Court on Friday asked the CBI to dispel the notion of it being a caged parrot.

“Like Caesar’s wife, an investigating agency must be above board. Not so long ago, this court had castigated the CBI comparing it to a caged parrot. It is imperative that the CBI dispel the notion of it being a caged parrot. Rather, the perception should be that of an uncaged parrot,” Justice Bhuyan said in a separate verdict declaring “unjustified” Delhi Chief Minister Arvind Kejriwal’s arrest by the CBI in a corruption case linked to the Delhi excise policy scam.

While hearing the coal scam case during the UPA rule in May 2013, a Bench led by Justice RM Lodha (since retired) had dubbed the CBI as a “caged parrot speaking in master’s voice”.

The CBI and the Enforcement Directorate have come under criticism for allegedly targeting opposition leaders at the behest of the BJP-led government at the Centre.

“I am of the unhesitant view that the belated arrest of the appellant by the CBI is unjustified and the continued incarceration of the appellant in the CBI case that followed such arrest has become untenable,” Justice Bhuyan said, disagreeing with Justice Surya Kant who upheld Kejriwal’s arrest.

However, both the judges unanimously granted bail to the Delhi Chief Minister and ordered his release forthwith, saying “courts at all levels must ensure that the process leading to and including the trial does not end up becoming the punishment itself”.

“Rule of law, which is a basic feature of our constitutional republic, mandates that investigation must be fair, transparent and judicious. This court has time and again emphasised that fair investigation is a fundamental right of an accused person under Articles 20 and 21 of the Constitution,” Justice Bhuyan said.

“Investigation must not only be fair but must seem to be so. Every effort must be made to remove any perception that investigation was not carried out fairly and that the arrest was made in a high-handed and biased manner,” he wrote in his separate verdict.