Arvind Kejriwal's Bail Hearing in Supreme Court Update

Supreme Court Starts Hearing Delhi CM's Bail Request in CBI Excise Policy Case

Today, the Supreme Court begins hearing a request from Arvind Kejriwal, the Delhi Chief Minister. He is facing allegations in a CBI case linked to an excise policy. The CBI claims Kejriwal had a planned approach to privatizing the Excise Policy, seeking funds to support the Aam Aadmi Party (AAP) back in March 2021 while this policy was being developed under a Group of Ministers (GoM) led by co-defendant Manish Sisodia. Furthermore, Vijay Nair, a close aide of Kejriwal and responsible for AAP’s Media and Communication, reportedly contacted various people in Delhi’s excise industry, asking for bribes in exchange for favorable changes.

A bench of Justices Surya Kant & Ujjal Bhuyan is likely to hear the case today. The CBI arrested Kejriwal on June 26. He later appealed to the Supreme Court after his arrest was upheld by the Delhi High Court on August 5.

On August 23, the Supreme Court allowed the CBI to respond to Kejriwal’s petitions and also gave him two days to reply. Kejriwal has filed two separate requests: one for bail denial and another challenging his arrest by the CBI.

Earlier, on August 14, the Supreme Court did not grant Kejriwal interim bail but sought an answer from the CBI regarding his challenge. The Delhi High Court previously stated that his arrest was lawful & pointed out how the CBI showed that Kejriwal, as AAP leader, could have influenced potential witnesses.

The Delhi High Court remarked, "There was no malice in the acts done by the CBI," noting that they demonstrated how he could affect witnesses who would only feel safe coming forward after his arrest.

Moreover, it advised Kejriwal to seek regular bail through the trial court on this case. The court also indicated that evidence collection connected to Kejriwal finished after obtaining necessary information post-arrest. They stated his arrest was justified and legal.

The High Court said, "It cannot be said that it was without any justifiable reason or illegal." They recognized his position, emphasizing he is not just any citizen but "a distinguished recipient of the Magsaysay Award and the convenor of AAP.”

Kejriwal's plea against his arrest was dismissed by the court. Following adequate evidence collection and approval in April 2024, investigators moved forward against him. Initially hesitant due to his authority, witnesses became willing to give statements after his arrest.

The court stated, "Material witnesses were not coming forward due to influence exercised by Kejriwal... It was only after he got arrested that they came forward."

In connection with another matter, Kejriwal had been arrested by the Enforcement Directorate (ED) on March 21 but received bail from a trial court in a money laundering case on June 20. However, this ruling was caused by the Delhi High Court. The Supreme Court granted him interim bail later on July 12.

The excise policy has been controversial; it was canceled in 2022 after a CBI investigation into supposed irregularities & corruption related to its creation and execution.

According to both agencies—CBI & ED—changes made to this excise policy included irregularities along with undue benefits given to license holders.