Sat Sep 14 17:58:55 UTC 2024: ## Delhi Chief Minister Arvind Kejriwal Released on Bail After Supreme Court Ruling
**New Delhi, India:** Arvind Kejriwal, the Chief Minister of Delhi, was released from Tihar Jail on Friday evening after the Supreme Court granted him bail in a CBI case related to alleged corruption in the Delhi excise policy.
The Supreme Court bench, consisting of Justices Surya Kant and Ujjal Bhuyan, delivered separate but concurring judgments granting Kejriwal bail. While both judges agreed on the bail, they disagreed on the necessity of Kejriwal’s arrest in the first place.
Justice Kant upheld the arrest, citing the CBI’s application for arrest approved by the Special Judge. He also argued that Section 41A of the CrPC does not mandate a notice for an individual already in judicial custody, as Kejriwal was at the time of his arrest.
Justice Bhuyan, however, disagreed, deeming the arrest “wholly untenable.” He questioned the timing of the arrest, highlighting that the CBI registered the case in 2022 but only sought Kejriwal’s arrest after he was granted bail in a similar case by the Enforcement Directorate. Justice Bhuyan also emphasized the constitutional right of an accused to remain silent and criticized the CBI’s justification for arrest, stating that an accused’s cooperation cannot be solely determined by their answers during questioning.
Both judges agreed that prolonged incarceration pending trial amounted to an unjust deprivation of personal liberty and that Kejriwal’s case met the “triple test” for bail: he was not a flight risk, unlikely to tamper with evidence, and had strong grounds for a successful defense.
Kejriwal’s arrest in June 2024 marked the second time he was detained in connection with the same excise policy case. The Supreme Court had previously granted him interim bail in the ED case.
The verdict comes after several hearings in which the Supreme Court reviewed arguments from both the CBI and Kejriwal’s legal team, focusing on the applicability of sections 41(1)(b) and 41A of the CrPC.
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