Supreme Court grants Arvind Kejriwal bail ahead of Haryana poll, says extended jail pending trial unjust

Ahead of the Haryana Assembly election, the Supreme Court on Friday granted bail to Delhi Chief Minister Arvind Kejriwal in a corruption case linked to the Delhi Excise Policy “scam”.

“The continued incarceration for an extended period pending trial would infringe upon legal principles and the appellant’s right to liberty, traceable to Article 21 of our Constitution,” a Bench of Justice Surya Kant and Ujjal Bhuyan said, ordering Kejriwal’s release on a personal bail bond of Rs 10 lakh and two sureties.

He was released from Tihar Jail this evening after completion of procedural formalities.

• Editorial: Bail for Kejriwal

The Bench — which reserved the verdict on Kejriwal’s petitions on September 5 after hearing senior counsel Abhishek Manu Singhvi on behalf of the AAP national convenor and Additional Solicitor General (ASG) SV Raju for the CBI – however, differed on the validity of his arrest.

Emerged stronger

I will continue to fight anti-national forces working to weaken the country… My resolve has grown 100 times stronger. Arvind Kejriwal, Delhi CM

While Justice Kant upheld Kejriwal’s June 26 arrest by the CBI in the corruption case, Justice Bhuyan was critical of the probe agency for arresting him after he was granted bail by a special court in the money laundering case linked to the scam.

Justice Bhuyan also expressed serious reservations on the bail conditions, debarring Kejriwal from entering the office of Chief Minister and the Delhi Secretariat as well as from signing files even as he refrained from further expressing his views on it at this stage in view of the judicial discipline since those conditions had been imposed in the separate ED case by a two-judge Bench of the top court.

It also directed him to remain present before the trial court on each and every date of hearing, unless granted exemption, and “fully cooperate” with the trial court for expeditious conclusion of the trial proceedings.

The court took note of the fact that the trial was unlikely to conclude in the immediate future as there were 17 accused, 224 witnesses and extensive documents — both physical and digital.

The top court noted that all evidence and material relevant to the CBI’s disposition was already in the possession of the probe agency, negating the likelihood of tampering by Kejriwal. Given his position and his roots in society, “there seems to be no valid reason to entertain the apprehension of his fleeing the country,” it said.

However, it cautioned him against indulging in influencing witnesses, saying, “…in the event of any such instance, it will amount to misuse of the concession of bail and necessary consequences will follow.”

Kejriwal is the 12th accused to get bail in the Delhi excise policy “scam” related cases. Among the 11 accused to get bail are AAP leaders Sanjay Singh and Manish Sisodia, and BRS leader K Kavitha.

The top court restrained Kejriwal from visiting the Chief Minister’s Office and Delhi Secretariat. It also directed him not to sign official files unless it’s required and necessary for obtaining clearance/approval of the Delhi L-G. It also restrained him from commenting on his role in the money-laundering case against him and asked him not to interact with witnesses and/or have access to official files connected with the case.

The Supreme Court had on July 12 granted interim bail to Kejriwal in a money-laundering case linked to the excise policy “scam” being probed by the ED. But, the AAP leader continued to be in jail as he was arrested by the CBI in a corruption case on June 26.