Delhi Chief Minister Arvind Kejriwal’s bail plea is being heard in the Supreme Court. His lawyer, senior advocate Abhishek Manu Singhvi, argued that the CBI doesn’t want Kejriwal to be released from jail. He said that there is no strong evidence for Kejriwal’s arrest. Kejriwal has already been granted interim bail in the ED case. Now, the CBI’s Additional Solicitor General (ASG), S.V. Raju, is presenting his arguments in court.
ASG’s Argument
ASG Raju argued that Kejriwal is not an extraordinary person who requires a different approach from the court. The CBI had arrested Kejriwal in connection with the Delhi liquor policy case. Earlier, the ED arrested him, but he got bail in that case. However, after getting bail in the ED case, the CBI arrested him again while he was still in jail.
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Raju also mentioned that other people involved in the same case, like former Delhi Deputy CM Manish Sisodia and BRS leader K. Kavitha, had already received bail. The ASG emphasized that Kejriwal has not even applied for bail in the trial court, unlike Sisodia, and therefore there is no comparison between their cases.
Singhvi’s Defense for Kejriwal
Kejriwal’s lawyer Singhvi stated that eight months after the FIR was filed, Kejriwal was called for questioning. He argued that strict conditions under PMLA were applied, yet two favorable decisions were made for his side. Singhvi further said that Kejriwal is not a flight risk, will not tamper with evidence, and will not influence witnesses.
Justice Surya Kant’s Remarks
Justice Surya Kant observed that ideally, the High Court should have made a quick decision in this case. The High Court should have issued an order the same day it gave notice.
CBI’s Arguments
The ASG said that Kejriwal’s situation cannot be compared with others like K. Kavitha, who had approached the trial court first for regular bail. The ASG emphasized that Kejriwal is not someone for whom special consideration should be given.
Singhvi’s Additional Points
Singhvi pointed out that the CBI arrested Kejriwal only to keep him in jail, despite there being no new evidence against him. He also referred to the Supreme Court’s earlier decisions that support bail, arguing that bail should be the rule and jail the exception. He highlighted that in Kejriwal’s case, there was no immediate reason for arrest after two years of investigation.
Singhvi reminded the court that during the ED case, the Supreme Court had criticized the manner of Kejriwal’s arrest. He mentioned that an arrest cannot be made just to aid an investigation without solid grounds, and officials should not pick evidence selectively to frame someone.
Comparison with Sisodia and Kavitha’s Cases
Singhvi referred to the court’s decision in Sisodia’s case, where the court granted bail stating that it is a fundamental right to have a speedy trial. In Sisodia’s case, there were hundreds of witnesses and thousands of documents, making a quick trial impossible. The same applies to Kejriwal.
Singhvi also compared Kejriwal’s case to that of BRS leader K. Kavitha, who was arrested by the ED but received bail due to the large number of witnesses and documents, making a speedy trial unlikely.
Supreme Court’s View on Bail
The Supreme Court has previously ruled that bail is the norm and jail is the exception, meaning that a person should not be kept in jail for too long without trial. This view was reinforced when the court granted Sisodia bail recently, criticizing the lower courts for not acting quickly.
Outcome Awaited
It will be interesting to see whether the Supreme Court grants bail to Kejriwal or if he remains in jail for further proceedings.
