The Supreme Court on Wednesday refused to grant interim relief to Delhi Chief Minister Arvind Kejriwal, who was arrested in a corruption case filed by the Central Bureau of Investigation (CBI) in connection with the now-scrapped Delhi Excise Policy 2021-22.
The Bench of Justice Surya Kant and Justice issued notice to the Central agency, directing it to file a response by August 23.
Appearing for Kejriwal, Senior Advocate Abhishek Singhvi apprised the Bench that it was a ‘strange’ situation. He argued that Kejriwal was granted interim bail in a case registered by the Directorate of Enforcement (ED) under the Prevention of Money Laundering Act (PMLA) on May 10.
The senior counsel said the AAP leader got interim bail from the Supreme Court in July. He was also granted bail in a CBI case by the lower court. In this way, three bail orders have been given, noted Singhvi said, terming the AAP leader’s imprisonment an ‘insurance arrest’.
The senior counsel submitted that Kejriwal would easily pass the triple test.
However, the Apex Court refused to give any interim relief.
The petition, filed by Kejriwal two days after the Apex Court granted bail to former Delhi deputy chief minister Manish Sisodia in a related investigation by CBI and ED, challenged his arrest and subsequent remand orders, while also pressing for bail.
Kejriwal’s plea relied heavily on the Sisodia verdict, arguing that the grounds on which the Court found it appropriate to release Sisodia on bail, should equally apply to him.
The Delhi Chief Minister highlighted the observations made by the Apex Court in the Sisodia case that prolonged incarceration without trial could amount to a violation of fundamental rights, particularly when the investigation was largely complete, and the accused has deep roots in society, reducing the risk of absconding
The national convenor of the Aam Aadmi Party (AAP) was arrested by the ED on March 21, 2024, over his alleged involvement in the Delhi liquor policy scam case. Earlier on July 12, the Supreme Court had granted interim bail to Kejriwal in the ED case.
The Bench of Chief Justice of India D Y Chandrachud and Justice JB Pardiwala had observed that it would be inappropriate and premature to intervene at this stage under Article 32 of the Constitution.