Delhi Chief Minister Arvind Kejriwal has granted bail by the Supreme Court in the new development in liquor excise policy case. The court found his “ “prolonged incarceration amounts to unjust deprivation of liberty”after his arrest by the Central Bureau of Investigation in June.
Kejriwal can now reportedly leave jail nearly after six months. However, he cannot go to his office or Delhi Secretariat or sign files without Lieutenant Governor VK Saxena’s consent.
Justice Ujjal Bhuyan and Justice Surya Kant in a brief session on Friday delivered their verdicts on Mr Kejriwal’s case and agreed that the Chief Minister must be released.
Matter of Bail
In the matter of bail, the judges unanimously said “completion of trial (is) unlikely in (the) immediate future.” The court delivered a consistent ruling, aligning with previous decisions in the case, including those involving former Deputy Chief Minister Manish Sisodia and Telangana politician K Kavitha. Both individuals were granted release on similar grounds.
“Travesty of Justice”
The court reportedly said it was a “travesty of justice” to keep Mr. Kejriwal in jail without notice of a trial.
“I fail to understand great urgency on part of CBI to arrest appellant when he was on the cusp of release in the ED case. (Additional Solicitor General SV) Raju (appearing for the CBI) vehemently argued appellant has to first approach trial court… this can’t be accepted,” Justice Bhuyan said.
However, the Supreme Court has already highlighted the primacy of this principle established in 1977 by Justice Krishna Iyer.
Arvind Kejriwal, the Chief Minister of Delhi, has been granted bail by the Supreme Court in connection with a case linked to the alleged excise policy scam. The bail was granted on September 13, 2024, under specific conditions that limit his activities significantly.
Bail Conditions
Kejriwal has been granted bail but on the following conditions:
- Bail Bond and Sureties: Kejriwal must furnish a bail bond of ₹10 lakh along with two sureties of the same amount.
- No Public Comments: He is prohibited from making any public statements regarding the merits of the case.
- Mandatory Court Appearances: Kejriwal is required to attend all hearings before the trial court unless he is granted an exemption.
- Restricted Access to Office: He is barred from visiting his office or the Delhi Secretariat while out on bail.
- Limited Official Authority: Kejriwal is not allowed to sign any official documents unless deemed essential and only with prior approval from the Lieutenant Governor
A Moment of Joy for AAP
A Wave of happiness swiftly ran over the AAP party, Kejriwals’s wife Sunita Kejriwal said the BJP’s “plans” had been defeated. They want to jail opposition leaders and stay in power…”
“Today, once again, truth has won in the fight against lies and conspiracies,” Manish Sisodia said, while his successor as Delhi’s Education Minister, Atishi, said “truth can be troubled, but not defeated”.
AAP MP Raghav Chadha took to social media platform X and said the party had missed Mr Kejriwal’s leadership. “Welcome back, Arvind Kejriwal, we missed you!” he said on X.
Delhi Liquor Policy Case
Delhi Chief Minister Arvind Kejriwal was arrested on March 21 by the Directorate of Enforcement (ED) in connection with the Delhi liquor policy case. The arrest came after Kejriwal skipped nine summonses by the investigating agency in the case.
In November 2021, the Delhi government, under Arvind Kejriwal’s leadership, introduced a new excise policy aiming to modernize alcohol sales in the city. This move received mixed reviews, with some applauding its progressive approach while others raising concerns about its potential financial and public health implications.
In July 2022, Delhi’s Chief Secretary Naresh Kumar reported violations in the policy to Lieutenant Governor (L-G) Vinai Kumar Saxena, who recommended an investigation by the Central Bureau of Investigation (CBI). The report submitted alleged “financial losses to the exchequer” amounting to more than Rs 580 crore.
Reportedly, the enforcement directories alleged that the policy was intentionally made with loopholes to favor the AAP. It accused AAP leaders of receiving kickbacks from liquor businesses in exchange for preferential treatment, such as discounts, license fee waivers, and relief during the COVID-19 pandemic disruptions. In addition to this, the AAP was accused of influencing the Goa election in 2022.
As a result of this, the CBI conducted raids, targeting then-Deputy Chief Minister Manish Sisodia and three others.
The ED claimed that the Delhi Chief Minister himself engaged with key accused and urged them to collaborate with others involved in the case.
In spite of receiving nine summonses between the periods of October 2023 and March 2024, Kejriwal was apprehended after the Delhi High Court rejected his plea for protection from arrest on March 21.
