Delhi excise policy case: Supreme Court to deliver Kejriwal bail verdict on September 13

CBI had argued that the Delhi CM must first knock on the doors of the trial court

The Supreme Court is scheduled on September 13 to pronounce its judgment on Delhi Chief Minister Arvind Kejriwal’s petitions for bail and quashing of arrest by the Central Bureau of Investigation (CBI) in the excise policy case.

Also Read: ‘Will you arrest him again?’: Delhi High Court asks ED on Arvind Kejriwal’s bail plea

A Bench of Justices Surya Kant and Ujjal Bhuyan had heard the case and reserved it for judgment on September 5. The Supreme Court cause list shows Justice Kant would pronounce the verdict.

An updated causelist published by the Supreme Court shows both Justices Kant and Bhuyan have individual opinions. It is to be seen if they are concurrent or not. If the judges differ, then it would be a split verdi

The CBI had argued that Mr. Kejriwal must first knock on the doors of the trial court.

However, the apex court had referred to its recent judgment granting bail to former Delhi Deputy Chief Minister Manish Sisodia in which it had held that a litigant seeking bail must not be made to run from pillar to post for his personal liberty. Mr. Sisodia was granted bail in the same liquor policy case.

Justice Bhuyan had orally reiterated the Sisodia judgment’s words that asking a bail applicant to go back to the trial court for bail would be like “making him play a game of snakes and ladders”. It had taken Mr. Sisodia 17 months to get bail.

The court had also not accepted the CBI’s claim that bail to the Chief Minister would “demoralise” the Delhi High Court. The High Court had, on August 5, upheld his arrest and told him to knock on the doors of the trial court for bail.

Got bail thrice

Senior advocate A.M. Singhvi, for Mr. Kejriwal, had underscored the fact that the Chief Minister had got bail thrice in the money laundering case linked to the excise policy ‘scam’. Twice from the Supreme Court and once by the trial court.

Mr. Singhvi said the Chief Minister was a constitutional functionary and hardly a “flight risk”. Besides, he had been an undertrial for a “sufficiently long time” since his arrest by the Directorate of Enforcement (ED) in March. Thirdly, there was no question of tampering as “lakhs of documents” relevant to the case were already filed in court, many in electronic form.

He said grounds like prolonged incarceration, no possibility of trial in the near future and process becoming a punishment were grounds for grant of bail to BRS leader K. Kavitha and Mr. Sisodia in the same case.

Published - September 12, 2024 12:54 pm IST