On Thursday, the Supreme Court reserved its verdict on Delhi Chief Minister Arvind Kejriwal’s petition challenging his arrest in connection with the now-scrapped excise policy. The court emphasized that its judgment would be carefully crafted to maintain the morale of the lower judiciary while also contributing to the development of criminal law.
Kejriwal, leader of the Aam Aadmi Party (AAP), contested the August 5 ruling by the Delhi High Court, which upheld his arrest by the Central Bureau of Investigation (CBI) and refused his bail request, citing his failure to approach the trial court first.
A bench consisting of justices Surya Kant and Ujjal Bhuyan assured that the ruling would respect the judicial system’s integrity, addressing concerns raised by the CBI’s counsel about the potential impact on lower courts.
Kejriwal has been in custody since March 21, following his arrest by the Enforcement Directorate (ED) in the same case, though he was granted a 21-day interim bail in May to campaign for the Lok Sabha elections. The Supreme Court also granted him interim bail in the ED case on July 12 after acknowledging his extended time in custody. However, his CBI arrest on June 26 in the excise policy case has kept him in detention.
In a heated hearing, Kejriwal’s lawyer, Abhishek Manu Singhvi, criticized the timing of the CBI’s arrest and argued that it violated procedural safeguards, contending that Kejriwal was arrested for “non-cooperation,” which he deemed an insufficient reason. Singhvi also highlighted that Kejriwal had already met the conditions for bail.
ASG SV Raju, representing the CBI, countered that Kejriwal bypassed the trial court and sought special treatment by directly approaching higher courts. He argued that the CBI followed due procedure and emphasized that Kejriwal’s influential position did not warrant any exceptions.
The Supreme Court expressed concerns about the tendency of high-profile litigants to skip the trial court process, noting that such practices could undermine the judicial hierarchy.
The CBI case against Kejriwal stems from his alleged role in the creation and implementation of the 2021-22 Delhi excise policy, which was later scrapped amid corruption allegations. The CBI claims that Kejriwal, though not holding a formal ministerial role, played a key part in the policy decisions alongside former deputy chief minister Manish Sisodia.
Kejriwal’s petition relied on the recent Supreme Court ruling that granted bail to Sisodia, with the court noting that long detentions and delays in trial violated fundamental rights.
