‘Don’t say granting bail will demoralise HC’: Supreme Court to CBI before reserving judgement on Arvind Kejriwal plea

The Supreme Court on September 5 reserved its judgment in the petitions moved by Delhi Chief Minister Arvind Kejriwal seeking release from custody of Central Bureau of Investigation (CBI) in connection with the excise policy case.

A bench comprising Justices Surya Kant and Ujjal Bhuyan heard the case for the whole day in the Supreme Court on Thursday before reserving the judgement. 

Kejriwal's petition before the SC challenges the Delhi High Court order of August 5 in which his plea against CBI arrest was dismissed giving him with liberty to approach the trial Court for bail. Kejriwal had also filed another Special Leave Petition challenging the High Court's refusal to consider his bail plea.

During the hearing before the Supreme Court on Thursday, Additional Solicitor General (ASG) SV Raju, appearing for the CBI, submitted that the grant of bail would amount to demoralising the High Court.

However, Justice Bhuyan expressed disagreement with this submission and said, "Don't say that," according to legal news website LiveLaw. Kejriwal is represented by senior Advocate Dr Abhishek Manu Singhvi.

Earlier during hearing, ASG Raju raised a preliminary objection to Singhvi raising arguments for bail, saying that the petitioner should approach the trial court first. Singhvi told the top court that that the High Court also has concurrent jurisdiction. "You can't send me back to trial court, which has considered the same thing," Singhvi said.

"Probably your point is that it would be an exercise in futility," Justice Kant responded. "It's not a fair argument to raise by CBI at this stage. Except if delay is sought," Singhvi replied.

The Aam Aadmi Party chief is the only key political leader who is behind bars in the case. As many as three accused in the case have been released on bail in the past month.

Those granted bail by Supreme Court of India include former Deputy Chief Minister of Delhi, Manish Sisodia, Bharat Rashtra Samithi (BRS) legislator K Kavitha and Vijay Nair, the former communication in-charge of Aam Aadmi Party. Sanjay Singh, another AAP leader who is also a Rajya Sabha member, was released on bail in April 2024.

Kejriwal was first arrested by the Enforcement Directorate under the Prevention of Money Laundering Act (PMLA) in connection with the alleged Delhi Excise Policy scam on March 21, shortly after the Delhi High Court denied his request for interim protection from arrest.

The Aam Aadmi Party chief was arrested by CBI on June 26, while he was in custody of the ED in the money laundering case related to the alleged liquor policy scam.

On July 12, however, the Supreme Court granted Kejriwal interim bail in the money laundering case, while referring his petition challenging ED arrest to a larger bench. However, he continued to remain in judicial custody due to his arrest by the CBI.