Supreme Court to hear Kejriwal’s bail plea today.
Delhi Chief Minister Arvind Kejriwal has challenged his arrest and subsequent remand orders in the Excise Policy case, arguing that the charges against him are baseless and politically motivated. His legal team contends that the arrest violates his fundamental rights, pointing to the lack of concrete evidence to justify such a severe measure. Kejriwal is also pressing for bail, emphasizing his cooperation with the investigation and his commitment to upholding the law. The Supreme Court is set to hear his plea today, a decision that could significantly impact the ongoing legal battle surrounding the case.
On Wednesday, the Supreme Court will hear a plea filed by Delhi Chief Minister Arvind Kejriwal seeking release from jail in connection with the Delhi excise policy case. The case has seen significant developments as Kejriwal remains under investigation by the Central Bureau of Investigation (CBI). The upcoming hearing is crucial, as it could determine Kejriwal’s immediate future and significantly impact the political landscape of Delhi, especially with the Assembly elections on the horizon.
Kejriwal’s legal battle began when he was arrested and remanded in custody following accusations of irregularities in Delhi’s now-scrapped excise policy for the financial year 2021-22. These allegations have been the subject of intense scrutiny by both the CBI and the Enforcement Directorate (ED), leading to a series of high-profile arrests among Delhi’s political elite, including former Deputy Chief Minister Manish Sisodia.
A bench comprising Justices Surya Kant and Ujjal Bhuyan will take up Kejriwal’s petitions. The first petition challenges the Delhi High Court’s August 5 decision affirming his arrest and denying him bail. The second petition seeks Kejriwal’s immediate release on bail, arguing that the conditions of his detention violate fundamental rights enshrined in the Indian Constitution.
Kejriwal’s plea, filed shortly after the Supreme Court granted bail to Sisodia in a related investigation, draws heavily from the arguments used in Sisodia’s defense. Sisodia, who had been in custody for over 17 months, was granted bail after the apex court found that his prolonged detention without a speedy trial violated his right to liberty under Article 21 of the Constitution. The court observed that there was no immediate prospect of concluding the trial, making continued detention unjustifiable.
In his petition, Kejriwal argues that the same principles should apply to his case. He contends that the evidence presented against him is insufficient to justify his continued detention, especially since the investigation is largely complete. Moreover, Kejriwal highlights his deep roots in society, his significant public standing, and his commitment to cooperating with the investigation, all of which, he argues, reduce the risk of absconding.
The timing of this legal battle is particularly significant, with Delhi’s Assembly elections scheduled for early next year. As the incumbent Chief Minister and the face of the Aam Aadmi Party (AAP), Kejriwal’s presence is vital for the party’s election campaign. The AAP has consistently positioned itself as a champion of good governance in Delhi, focusing on key issues such as education, healthcare, and affordable utilities. Kejriwal’s leadership is seen as central to this narrative, and his detention poses a significant challenge to the party’s electoral strategy.
Despite being granted interim bail in May for Lok Sabha election campaigning, and again on July 12 in the ED case, he has remained in custody due to his subsequent arrest by the CBI on June 26. This series of arrests and the subsequent legal battles have kept Kejriwal and his party in the spotlight, with each development closely watched by political analysts and the public alike.
The case against Kejriwal and other AAP leaders stems from allegations that the Delhi excise policy of 2021-22, which has since been scrapped, was marred by irregularities and corruption. The policy, which was initially introduced to increase revenue and streamline the liquor trade in Delhi, quickly became controversial, with allegations that it favored certain private entities and involved financial misconduct.
Kejriwal was the third senior AAP leader to be arrested in connection with this case. Sisodia, who played a key role in formulating the excise policy, was incarcerated from February 2023 until his release on August 9, 2024. His arrest and long detention had already created a significant stir in Delhi’s political circles. Meanwhile, Rajya Sabha MP Sanjay Singh was granted bail by the Supreme Court in April after spending six months in custody in connection with the same investigation.
The Delhi High Court’s decision on August 5 to deny Kejriwal bail was a significant setback for the AAP Chief. The High Court ruled that Kejriwal’s arrest was not illegal, and that the CBI had presented “evidently enough evidence” to justify his detention and remand. This ruling has now been challenged in the Supreme Court, with Kejriwal’s legal team arguing that the High Court’s judgment fails to adequately consider the principles of justice and fair trial.
Kejriwal’s petition emphasizes the Supreme Court’s observations in the Sisodia case, where the court noted that prolonged incarceration without a trial could amount to a violation of fundamental rights. The petition argues that, much like Sisodia, Kejriwal’s long-standing public service and deep societal ties should be taken into account when considering his bail application. Additionally, the petition highlights that the investigation is nearing completion, reducing the risk of Kejriwal tampering with evidence or influencing witnesses.
The outcome of this case could have far-reaching implications for Delhi’s political landscape. With the Assembly elections approaching, Kejriwal’s ability to lead his party’s campaign is crucial. His absence from the political arena could weaken the AAP’s position and potentially alter the dynamics of the election. Conversely, if granted bail, Kejriwal’s release could energize the AAP’s campaign, allowing him to focus on key issues and counter the opposition’s narratives.
As the Supreme Court prepares to hear Kejriwal’s plea, all eyes will be on the judiciary’s interpretation of the law in this high-stakes case. The decision will not only impact Kejriwal’s personal freedom but could also shape the future of the Aam Aadmi Party and the political landscape of Delhi in the lead-up to the 2024 Assembly elections. The hearing is expected to be closely monitored by political analysts, legal experts, and the public, as it could set a precedent for how similar cases are handled in the future.