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In a significant development, the Supreme Court has granted bail to Delhi Chief Minister Arvind Kejriwal in connection with the CBI FIR registered over the alleged Delhi Liquor Policy scam. A bench comprising Justices Surya Kant and Ujjal Bhuyan delivered separate judgments on the matter. The Court had previously reserved its verdict on September 5, 2024, after hearing the petitions challenging Kejriwal's arrest and seeking bail.
Justice Surya Kant, while holding that Kejriwal's arrest was legal and did not suffer from any procedural irregularities, dismissed the contention that the CBI failed to comply with Section 41/41A of the Code of Criminal Procedure during the arrest. However, both Justices were in agreement that bail should be granted due to the filing of the chargesheet and the improbability of the trial concluding in the near future. Justice Kant emphasized that continued incarceration would infringe upon Kejriwal’s right to personal liberty under Article 21 of the Constitution. The Court also took into consideration that several co-accused in both the CBI and ED matters related to the same case have already been granted bail by different courts.
The bench concluded that despite the legality of the arrest procedure, prolonged detention pending trial would violate established legal principles. Notably, Kejriwal had previously been granted interim bail in related Enforcement Directorate (ED) matters earlier this year.
Senior Advocates Dr. Abhishek Manu Singhvi and Vikram Chaudhri represented Kejriwal, while Additional Solicitor General SV Raju appeared for the CBI.
The case is titled Arvind Kejriwal v. Central Bureau of Investigation, SLP(Crl) No. 11023/2024. The decision is cited as 2024 LiveLaw (SC) 694.
This judgment marks an important step in the ongoing investigation into the Delhi liquor policy scam.