Editor's Pick | Kejriwal walks free after SC grants bail with conditions

The Supreme Court on Friday ordered Delhi Chief Minister Arvind Kejriwal to be released on regular bail in a case registered by the Central Bureau of Investigation (CBI) in relation to the now-scrapped excise policy. Justices Surya Kant and Ujjal Bhuyan concurred to grant bail to Mr. Kejriwal but differed on the point of the legality of his arrest. Justice Kant barred Mr. Kejriwal from visiting the office of the Chief Minister and the Delhi Secretariat or signing official files unless it was required and necessary for obtaining clearance/approval of the Lieutenant Governor of Delhi. These conditions were adopted from the July 12 order of the apex court granting the Chief Minister bail in a connected money laundering case investigated by the Directorate of Enforcement (ED). Justice Bhuyan said he had “serious reservations” about the two bail conditions but refrained from delving further into them as they were part of the July 12 order in a different case heard by a coordinate Bench of the apex court. His restraint would mean the two bail conditions would now be effective. The verdict was based on petitions filed by Mr. Kejriwal, seeking bail and the quashing of his arrest by the CBI on June 26. Later in the day, he stepped out of Tihar jail to a resounding welcome by AAP leaders and supporters. While Justice Kant said the CBI arrest warranted no interference as it did not suffer from any “procedural infirmity”, Justice Bhuyan chose to write a separate opinion questioning both its timing and necessity without mincing words. He questioned the urgency shown by the CBI to arrest Mr. Kejriwal 22 months after the registration of the First Information Report in the case. Noting that the power of arrest must be used sparingly and is not a ruse for harassment, Justice Bhuyan urged the CBI to be above board in its actions like “Caesar’s wife” and give the public the perception of an “uncaged parrot”. “In a functional democracy governed by the rule of law, perception matters. Like Caesar’s wife, an investigating agency must be above board. Not so long ago, the Supreme Court had castigated the CBI for being a caged parrot. It is imperative that CBI dispel this notion. Rather, the perception should be that of an uncaged parrot,” Justice Bhuyan wrote. Justice Bhuyan said the timing of the CBI arrest was suspect as the Chief Minister had been at that time on the “cusp of release” from jail following a Special Court order granting him bail in the money-laundering case. The arrest’s timing invited the view that it was meant to “frustrate” Mr. Kejriwal’s release, he observed. Senior advocate A.M. Singhvi had termed the CBI arrest an “insurance arrest”. He also upheld the right of an accused to remain silent during interrogation. Justice Bhuyan observed that an investigating agency cannot presume guilt or make an adverse inference against an accused who chose to remain mum. “An accused has the right to remain silent; he cannot be compelled to make inculpatory statements against himself. No adverse inference can be drawn from the silence of the accused,” Justice Bhuyan stressed. On the point of bail, both judges agreed the continued incarceration of Mr. Kejriwal violated his right to personal liberty. The CBI lodged its FIR in August 2022. So far, five chargesheets, arraigning 224 witnesses and 17 additional accused, were filed in the trial court. The documentary evidence was extensive. “There is no likelihood of the completion of the trial in the immediate future,” Justice Kant surmised. Justice Bhuyan found no reason to hold Mr. Kejriwal captive in the CBI case when he had already been granted bail multiple times under the stringent provisions of the Prevention of Money Laundering Act. The apex court refused to relegate the bail plea to the trial court. The Bench dismissed the CBI’s apprehensions that Mr. Kejriwal would influence witnesses and tamper with the evidence. The court ordered Mr. Kejriwal to pay bail bonds of ₹10 lakh with two sureties and barred him from making any public comments about the CBI case to avoid “building a self-serving narrative” about a sub judice matter, especially on social media networks. In his first remarks on X after coming out of Tihar Jail, Mr. Kejriwal said: “Truth triumphs over conspiracy (Sajish pe satya ki jeet hui hai).” The Bharatiya Janta Party demanded Mr. Kejriwal’s resignation, pointing out that he was released on conditional bail and he continued to be an accused in the excise policy case, while the Congress and several other Opposition parties accused the Centre of misusing investigating agencies. The Hindu’s Editorials ​Last mile woes: On inflation data and the challenges ​Weather gods: On ‘Mission Mausam’ The Hindu’s Daily Quiz Which eye drops recently claimed to help those with presbyopia do without reading glasses? PresVu Itone Refresh Requivisc To know the answer and to play the full quiz, click here. [logo] Editor's Pick 14 September 2024 [The Hindu logo] [EP Logo] Editor's Pick 14 September 2024 In the Editor's Pick newsletter, The Hindu explains why a story was important enough to be carried on the front page of today's edition of our newspaper. [View in browser]( [More newsletters]( Kejriwal walks free after SC grants bail with conditions [The Supreme Court on Friday ordered Delhi Chief Minister Arvind Kejriwal to be released on regular bail in a case registered by the Central Bureau of Investigation (CBI) in relation to the now-scrapped excise policy]( Justices Surya Kant and Ujjal Bhuyan concurred to grant bail to Mr. Kejriwal but differed on the point of the legality of his arrest. Justice Kant barred Mr. Kejriwal from visiting the office of the Chief Minister and the Delhi Secretariat or signing official files unless it was required and necessary for obtaining clearance/approval of the Lieutenant Governor of Delhi. These conditions were adopted from the July 12 order of the apex court granting the Chief Minister bail in a connected money laundering case investigated by the Directorate of Enforcement (ED). Justice Bhuyan said he had “serious reservations” about the two bail conditions but refrained from delving further into them as they were part of the July 12 order in a different case heard by a coordinate Bench of the apex court. His restraint would mean the two bail conditions would now be effective. The verdict was based on petitions filed by Mr. Kejriwal, seeking bail and the quashing of his arrest by the CBI on June 26. Later in the day, he stepped out of Tihar jail to a resounding welcome by AAP leaders and supporters. While Justice Kant said the CBI arrest warranted no interference as it did not suffer from any “procedural infirmity”, Justice Bhuyan chose to write a separate opinion questioning both its timing and necessity without mincing words. He questioned the urgency shown by the CBI to arrest Mr. Kejriwal 22 months after the registration of the First Information Report in the case. Noting that the power of arrest must be used sparingly and is not a ruse for harassment, Justice Bhuyan urged the CBI to be above board in its actions like “Caesar’s wife” and give the public the perception of an “uncaged parrot”. “In a functional democracy governed by the rule of law, perception matters. Like Caesar’s wife, an investigating agency must be above board. Not so long ago, the Supreme Court had castigated the CBI for being a caged parrot. It is imperative that CBI dispel this notion. Rather, the perception should be that of an uncaged parrot,” Justice Bhuyan wrote. Justice Bhuyan said the timing of the CBI arrest was suspect as the Chief Minister had been at that time on the “cusp of release” from jail following a Special Court order granting him bail in the money-laundering case. The arrest’s timing invited the view that it was meant to “frustrate” Mr. Kejriwal’s release, he observed. Senior advocate A.M. Singhvi had termed the CBI arrest an “insurance arrest”. He also upheld the right of an accused to remain silent during interrogation. Justice Bhuyan observed that an investigating agency cannot presume guilt or make an adverse inference against an accused who chose to remain mum. “An accused has the right to remain silent; he cannot be compelled to make inculpatory statements against himself. [No adverse inference can be drawn from the silence of the accused,” Justice Bhuyan stressed]( On the point of bail, both judges agreed the continued incarceration of Mr. Kejriwal violated his right to personal liberty. The CBI lodged its FIR in August 2022. So far, five chargesheets, arraigning 224 witnesses and 17 additional accused, were filed in the trial court. The documentary evidence was extensive. “There is no likelihood of the completion of the trial in the immediate future,” Justice Kant surmised. Justice Bhuyan found no reason to hold Mr. Kejriwal captive in the CBI case when he had already been granted bail multiple times under the stringent provisions of the Prevention of Money Laundering Act. The apex court refused to relegate the bail plea to the trial court. The Bench dismissed the CBI’s apprehensions that Mr. Kejriwal would influence witnesses and tamper with the evidence. The court ordered Mr. Kejriwal to pay bail bonds of ₹10 lakh with two sureties and barred him from making any public comments about the CBI case to avoid “building a self-serving narrative” about a sub judice matter, especially on social media networks. In his first remarks on X after coming out of Tihar Jail, Mr. Kejriwal said: “Truth triumphs over conspiracy (Sajish pe satya ki jeet hui hai).” [The Bharatiya Janta Party demanded Mr. Kejriwal’s resignation, pointing out that he was released on conditional bail and he continued to be an accused in the excise policy case, while the Congress and several other Opposition parties accused the Centre of misusing investigating agencies]( The Hindu’s Editorials [Arrow][​Last mile woes: On inflation data and the challenges]( [Arrow][​Weather gods: On ‘Mission Mausam’]( The Hindu’s Daily Quiz Which eye drops recently claimed to help those with presbyopia do without reading glasses? - PresVu - Itone - Refresh - Requivisc To know the answer and to play the full quiz, [click here.]( Today’s Best Reads [[‘All allegations are false, malicious, and motivated’] ‘All allegations are false, malicious, and motivated’]( [[Tamil Nadu restaurant owner’s apology to Nirmala Sitharaman draws criticism from political parties] Tamil Nadu restaurant owner’s apology to Nirmala Sitharaman draws criticism from political parties]( [[Protesting doctors write to President Murmu, PM Modi seeking intervention in impasse] Protesting doctors write to President Murmu, PM Modi seeking intervention in impasse]( [[Bail to Arvind Kejriwal: Accused has the right to remain silent during interrogation, says Justice Bhuyan] Bail to Arvind Kejriwal: Accused has the right to remain silent during interrogation, says Justice Bhuyan]( Copyright© 2024, THG PUBLISHING PVT LTD. 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