The Supreme Court of Delhi has granted bail to Chief Minister Arvind Kejriwal.
Ahead of the Haryana elections, the Supreme Court has given Delhi Chief Minister Arvind Kejriwal bail in the Delhi excise policy case, which is a tremendous relief. After being detained by the Enforcement Directorate for six months on March 21, the AAP chief will finally be allowed to leave jail. The CBI then placed him under custody in June.
Here are a few significant statements from the Supreme Court:
- Perception is important as well, so CBI needs to refute the idea that the parrot is in a cage and demonstrate that it is not. The CBI ought to be above suspicion, just like Caesar’s wife.
- It is not difficult to arrest someone who is already in detention. We have seen that CBI included justifications for their determination of necessity in their application. Section 41A (3) of the Code of Criminal Procedure has not been broken,” Justice Surya Kant declared.
- However, Justice Ujjal Bhuyan stated, “CBI did not feel the need to arrest him (Mr. Kejriwal), even though he was questioned in March 2023. The CBI only became active and sought custody of Mr. Kejriwal after his ED detention was stayed.
Arvind Kejriwal, the chief minister of Delhi, won half of his significant legal struggle on Friday when the Supreme Court confirmed the bail that a trial court had granted last month, which the High Court had postponed.
In March, the Enforcement Directorate detained him in connection with the purported liquor policy scheme. The good news came from the Supreme Court’s decision. The bad news is that he is still detained since the Central Bureau of Investigation also detained him in the same case, days after the lower court had set bail.
Terms of Arvind Kejriwal’s Bail.
In accordance with the guidelines established by a two-judge panel consisting of Justice Sanjiv Khanna and Dipankar Datta, the AAP chief is not permitted to visit his workplace or the Delhi Secretariat while he is on parole. The Chief Minister also cannot “sign official files unless it is required and necessary for obtaining clearance / approval of the Lieutenant Governor of Delhi”.
In addition, ₹ 50,000 in bail bonds and an equivalent guarantee must be provided by Mr. Kejriwal. As is customary in these situations, he has also been instructed to “not interact with any of the witnesses and/or have access to any official files connected with the case”.
In addition, ₹ 50,000 in bail bonds and an equivalent guarantee must be provided by Mr. Kejriwal. As is customary in these situations, he has also been instructed to “not interact with any of the witnesses and/or have access to any official files connected with the case”.
The court stated, “We are doubtful whether a court can direct an elected leader to step down… or not function as a Chief Minister,” declining to rule on Mr. Kejriwal’s demands to resign.
After six months, Arvind Kejriwal is granted bail; he is unable to go to work or sign documents.
We are aware that Arvind Kejriwal is the Chief Minister of Delhi, a position of significant and power. He is also an elected official. The court stated, “We do not give any direction because we doubt that a court can order an elected leader to resign or cease to serve as a Minister or Chief Minister.”
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Since his detention, Mr. Kejriwal has been the target of numerous resignation demands, most often from opposition Bharatiya Janata Party officials and members who have voiced their disapproval loudly and regularly.
Reiterating that the Chief Minister had not been found guilty and that the accusations against him were baseless, his party consistently dismissed those requests.
In addition, numerous PILs, or public interest petitions, asking for orders to compel Mr. Kejriwal to resign, were filed with the Delhi High Court and the Supreme Court.
One such request was dismissed by the top court in May, declaring it to have “no legal merit” and that the center’s representative, Lieutenant Governor VK Saxena, “doesn’t require our assistance… we are nobody to advise him…
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