September 13th 2024.
New Delhi: The much-awaited judgment on Delhi Chief Minister Arvind Kejriwal's bail petition in the alleged liquor policy scam will be delivered by the Supreme Court on Friday. Along with seeking bail, CM Kejriwal has also filed a separate plea challenging his arrest by the Central Bureau of Investigation (CBI) in connection with the scam and his subsequent remand.
According to the causelist published on the apex court's website, the two-judge bench presided over by Justice Surya Kant will announce its decision at 10:30 a.m. The other judge, Justice Ujjal Bhuyan, will also share his individual opinion on CM Kejriwal's pleas.
Last week, the bench of Justices Kant and Bhuyan had reserved their decision after hearing arguments from senior advocate Abhishek Manu Singhvi, representing the Aam Aadmi Party (AAP) leader, and Additional Solicitor General S.V. Raju, appearing on behalf of the CBI.
During the hearing, Singhvi argued that the CBI had not arrested CM Kejriwal for two years but suddenly did so to prevent his release in the money laundering case. He also pointed out that there have been several Supreme Court judgments stating that cooperation with the investigation should not mean confessing to the alleged offences.
Singhvi further stated that as a constitutional functionary holding the position of Delhi Chief Minister, CM Kejriwal fulfilled the triple test for bail - not being a flight risk, being available to answer the investigating agency's questions, and not being able to tamper with evidence.
On the other hand, the central agency expressed concerns that the release of CM Kejriwal might turn many witnesses "hostile" and urged the apex court to not grant him bail. ASG Raju claimed that several AAP candidates in the Goa Assembly election came forward to give statements to the CBI only after CM Kejriwal's arrest.
"They will turn hostile if your lordships release Kejriwal on bail," he argued. The ASG also pointed out that CM Kejriwal should not have approached the Delhi High Court for bail and instead should have filed a plea for the trial court to decide on.
He further stated that arrest is a normal part of an investigation and does not usually require permission from the court. However, in this case, an order from the court was necessary, and thus, the accused cannot claim violation of fundamental rights.
Recently, the Supreme Court had granted bail to senior AAP leader and former Delhi Deputy Chief Minister Manish Sisodia, BRS leader K. Kavitha, and AAP's former communication-in-charge Vijay Nair in the excise policy case.
In his special leave petition, CM Kejriwal challenged his arrest and subsequent remand orders while also requesting bail in the corruption case. On the other hand, the CBI argued that the AAP leader was trying to sensationalize the matter and that various courts had already found prima facie evidence of his involvement in the offences.
The agency also pointed out that although CM Kejriwal does not hold any ministerial portfolio in the Government National Capital Territory of Delhi, all decisions made by the government and the party are taken with his agreement and direction, not only in Delhi but also across the country where AAP has a presence.
On July 12, the Supreme Court had granted interim bail to CM Kejriwal in the money laundering case, but he could not be released as he was immediately arrested by the CBI.
Meanwhile, a Delhi court has extended CM Kejriwal's judicial custody until September 25. He was produced through video conferencing from Tihar Jail, where he is currently being held.
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