'Caged Parrot' To 'Travesty Of Justice': What SC Said While Granting Bail To Arvind Kejriwal

Delhi CM Arvind Kejriwal was granted bail in the CBI's Delhi liquor policy case. Here are the top quotes from Supreme Court during the pronouncement of the bail.

The Supreme Court said that keeping Arvind Kejriwal in jail would be travesty of justice.

Source : PTI

Arvind Kejriwal Bail: Delhi Chief Minister Arvind Kejriwal was granted bail on Friday, September 13, in the CBI case related to the Delhi liquor policy. During this, the Supreme Court's verdict was split on the necessity of the arrest. However, While granting bail to Arvind Kejriwal during the hearing, Justice Ujjal Bhuyan made a significant comment on the CBI.

'CBI Must Be Like Caesar's Wife'

While granting bail to Delhi CM Arvind Kejriwal, Justice Bhuyan said while reading the verdict, "The CBI must be seen above board and every effort must be made so that arrest is not in a high-handed manner. In a country perception matters and CBI must dispel the notion of being a 'caged parrot' and must show that it is an uncaged parrot. The CBI should be like Caesar's wife — above suspicion," reported legal news website Bar and Bench.

The Supreme Court in May 2013 said that CBI had become a “caged parrot” speaking in the voice of its political masters. The three-judge bench headed by Justice RM Lodha made the comment while hearing the 'coal gate' scam case.

'Bail Is Rule, Jail Is Exception'

Justice Bhuyan on Friday further said, "ASG Raju argued that Kejriwal has to first approach trial court for bail. Such a submission cannot be accepted... and when Kejriwal has been granted bail in the ED case further detention in this case is wholly untenable. Bail jurisprudence is a facet of a developed jurisprudential system."

He then highlighted the importance of bail. "Bail is the rule and jail is an exception. The process of trial or steps leading to arrest should not become harassment. Thus, the CBI arrest is unjustified and the appellant should be released forthwith," he highlighted.

SC Questions Timing Of Arrest

In his verdict, Justice Bhuyan questioned the timing and manner of the arrest of Delhi CM Arvind Kejriwal by the CBI. "The arrest by CBI raises more questions than it answers. The CBI did not feel the need to arrest him though he was interrogated in March 2023 and it was only after his ED arrest was stayed. The CBI became active and sought custody of Kejriwal and thus [there was] no need of arrest for over 22 months. Such action by the CBI raises serious questions on the timing of the arrest and such arrest by the CBI was only to frustrate the bail granted in the ED case," Justice Bhuyan said.

However, Justice Surya Kant said: "Taking [Kejriwal] into custody in another case with the permission of the magistrate is not wrong." Justice Kant said while reading the verdict, "Three issues have been considered in the case. We have considered the validity of the arrest and the application for release. It has also been seen what difference the filing of the chargesheet has made. There is no fault in taking police custody in another case with the permission of the magistrate while in judicial custody."

'Travesty Of Justice To Keep Kejriwal In Jail'

Justice Ujjal Bhuyan said that the accused (Kejriwal) not answering according to the prosecution would not mean non-cooperation. He asserted that Kejriwal's right to remain silent cannot be interpreted as evasion. "It will be a travesty of justice to keep Kejriwal incarcerated when he is on bail in the ED case. Exercise of power of arrest must be used sparingly...," Justiec Bhuyan was quoted by Bar and Bench.