Supreme Court to Rule on Arvind Kejriwal’s Bail Plea in Liquor Policy Case Today

Supreme Court Set to Announce Key Decision on Arvind Kejriwal’s Bail in Liquor Policy Case, Potentially Shaping Legal and Political Outcomes

Today, it is the Supreme Court’s turn to pronounce the long-awaited judgment on the bail application of Delhi Chief Minister Arvind Kejriwal on his arrest in the Delhi excise policy matter. This high-stakes judgment was made after the court set its decision on September 5 as it heard the cases for weeks that have attracted both legal and political interest.

All the legal woes that Kejriwal currently faces are due to the scrapped Delhi excise policy of 2021-2022 which was aimed at overhauling the liquor trade in the city. The policy which initiated discounts and changing stores was later disused due to the possibility of malpractices. These allegations were made by West Delhi’s AAP leader Mohammed Shayin, following which Delhi’s Lieutenant Governor VK Saxena directed government agencies to look into the matter and the CBI got wider involved.

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In reference to the policy, the leader of the Aam Aadmi Party (AAP) was arrested by the CBI based on the allegations of corruption and other failures of procedure. Still, Kejriwal and the AAP decided to challenge the arrest saying that the investigation did not warrant his arrest. His plea also also contained a prayer for bail granted and this bail was rejected by the Delhi High Court on the 5th of August.

A three-judge bench of the Supreme Court heard arguments in the case while Kejriwal’s defense team, represented by senior advocate Abhishek Manu Singhvi, challenged his arrest arguing that the provisions of the Criminal Procedure Code (CrPC) were not complied with. Singhvi said that the arrest, which was effected under allegations of non-cooperation, does not constitute a valid ground for detention under sections 41 and 41A of the CrPC which mandate reasons which justify the arrest.

Singhvi also pointed out that Kejriwal is in a similar situation similar to Manish Sisodia, ex-deputy chief minister of Delhi who was recently released on the bails accorded by the Supreme Court. He said that the allegations of non-cooperation against Kejriwal were shallow and that his pretrial detention for more than two days infringed his Constitutional right to ‘life and liberty’ and the right to ‘life and personal liberty’ under Article 21.

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The CBI, on the other hand, justified its action stating that it acted under legal provisions as argued before the court by ASG SV Raju. Raju said that Kejriwal failed to go through the lower courts but rather went straight to the Delhi High Court and the Supreme Court which he said was unconventional. He also cried foul against Kejriwal arguing that instead of applying for a reception like any other person, he should have gone through the normal channel like any other Kenyan.

The hon’ble Judges, Surya Kant and Ujjal Bhuyan, this Court, vindicated that the judgment will uphold fundamental right of personal liberty but it also preserves the purity of judicial system. The bench said that the ruling would turn a new chapter for the Indian system of justice and especially criminal justice system as it would help to advance comprehension of bailing rigmaroles in Indian jurisprudence.

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The case has not only triggered controversies and legal discussions but also has political consequences and concerns especially in the light of upcoming elections of AAP in coming months. Haryana Assembly elections are due soon and Delhi Assembly elections are due next year therefore this result of Kejriwal bail application may turn out to be a decisive factor for the party.

Today’s ruling is anticipated to shape a large part of both legal and political strategies as the political landscape hails its verdict.

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