SC grants bail to Arvind Kejriwal in Delhi excise policy scam case but on these conditions
Kejriwal is the third person to get legal relief in the case following the bail of AAP leader Manish Sisodia and BRS leader K Kavitha
- Sep 13, 2024,
- Updated Sep 13, 2024 11:04 AM IST
Supreme Court granted bail to Delhi Chief Minister Arvind Kejriwal in the Delhi excise policy scam case. Kejriwal is the third person to get legal relief in the case following the bail of AAP leader Manish Sisodia and BRS leader K Kavitha.
However, the court imposed specific conditions on the bail:
- Kejriwal is required to appear in the trial court whenever summoned and must comply with conditions previously set in earlier Enforcement Directorate (ED) cases.
- He is prohibited from making any public statements regarding the merits of the case.
- He cannot visit the office of CM or Delhi Secritariat.
- He will not sign any official files and will not interact with witnesses or have access to any files related to the case
- Full cooperation with the trial court is mandated.
The court's ruling addressed several key issues surrounding Kejriwal's arrest and subsequent bail application.
Justice Suryakant examined three central questions during the proceedings:
1. Legality of Arrest: The court concluded that Kejriwal’s arrest was lawful, finding no violation of Section 41(3) of the law, which governs the arrest procedures.
2. Need for Regular Bail: The judge assessed whether Kejriwal should be granted regular bail, taking into consideration the implications of the charges against him.
3. Significance of Chargesheet: The court also deliberated on whether the filing of multiple chargesheets constituted a substantial change in circumstances that warranted returning the case to the trial court.
While delivering the verdict, Justice Suryakant expressed concerns over the possible ramifications of prolonged detention on Kejriwal’s personal liberty, emphasising the court's general preference for upholding individual freedoms. He noted that the trial, initiated following the filing of the FIR in 2022, is anticipated to extend over a considerable period due to the complexity of the case, which involves four chargesheets and a total of 424 witnesses.
The court's assessment influenced the bail decision that the risks associated with tampering with evidence were minimal, leading to the conclusion that Kejriwal fulfilled the necessary criteria for bail.
Supreme Court granted bail to Delhi Chief Minister Arvind Kejriwal in the Delhi excise policy scam case. Kejriwal is the third person to get legal relief in the case following the bail of AAP leader Manish Sisodia and BRS leader K Kavitha.
However, the court imposed specific conditions on the bail:
- Kejriwal is required to appear in the trial court whenever summoned and must comply with conditions previously set in earlier Enforcement Directorate (ED) cases.
- He is prohibited from making any public statements regarding the merits of the case.
- He cannot visit the office of CM or Delhi Secritariat.
- He will not sign any official files and will not interact with witnesses or have access to any files related to the case
- Full cooperation with the trial court is mandated.
The court's ruling addressed several key issues surrounding Kejriwal's arrest and subsequent bail application.
Justice Suryakant examined three central questions during the proceedings:
1. Legality of Arrest: The court concluded that Kejriwal’s arrest was lawful, finding no violation of Section 41(3) of the law, which governs the arrest procedures.
2. Need for Regular Bail: The judge assessed whether Kejriwal should be granted regular bail, taking into consideration the implications of the charges against him.
3. Significance of Chargesheet: The court also deliberated on whether the filing of multiple chargesheets constituted a substantial change in circumstances that warranted returning the case to the trial court.
While delivering the verdict, Justice Suryakant expressed concerns over the possible ramifications of prolonged detention on Kejriwal’s personal liberty, emphasising the court's general preference for upholding individual freedoms. He noted that the trial, initiated following the filing of the FIR in 2022, is anticipated to extend over a considerable period due to the complexity of the case, which involves four chargesheets and a total of 424 witnesses.
The court's assessment influenced the bail decision that the risks associated with tampering with evidence were minimal, leading to the conclusion that Kejriwal fulfilled the necessary criteria for bail.