Excise Policy Case: The Supreme Court on Friday granted bail to Delhi Chief Minister Arvind Kejriwal in the excise policy case. Justice Surya Kant and Ujjal Bhuyan delivered the verdict. The top court has directed that Kejriwal be released on bail subject to bail bonds of Rs 10 lakhs.

Kejriwal had filed a plea, seeking bail and had questioned his arrest by the CBI in the excise policy case. In its judgement, the Supreme Court said that the Delhi CM satisfies the triple condition for the grant of bail and we order accordingly.

Why Did Supreme Court Grant Bail to Arvind Kejriwal?

While delivering the verdict, the top court said there is “no impediment in arresting a person already in custody.” Kejriwal was arrested by the CBI while he was still in the judicial custody.

Justice Bhuyan said, “It appears only after TC granted regular bail to appellant in ED case, that CBI became active and sought custody.” He added, “It [CBI] didn’t feel need to arrest for over 22 months. Such action raises serious question on arrest itself.”

Justice Surya Kant said, “We have noted that the CBI, in their application, recorded reasons as to why they deemed it necessary. There is no violation of S.41A(iii)”

Meanwhile, Justice Bhuyan said the “CBI’s appearance raises more questions than it answers”.
The court had framed three questions based on arguments. “We have framed 3 questions. Whether there was illegality in arrest, whether appellant should be allowed regular bail, whether filing of chargesheet is change in circumstance enough to relegate to TC,” Justices Surya Kant was quoted by Live Law as saying.

How AAP Leaders Reacted?

Manish Sisodia’s said that truth has won once again: “Today once again truth has won in the fight against lies and conspiracies. I once again pay my tribute to the thinking and foresight of Baba Saheb Ambedkar ji, who 75 years ago had strengthened the common man against any future dictator,” he said in a post on X.

AAP Leader Raghav Chadha welcomed the Supreme Court’s verdict as he took it to X and wrote:

“Welcome back Arvind Kejriwal, we missed you! Truth can be troubled but not defeated! Finally, the Honourable Supreme Court has given its decision to release Delhi’s son Arvind Kejriwal from the shackles of jail. Thanks to Honorable Supreme Court!” AAP leader Raghav Chadha said on X.

AAP Minister Atishi said: “Satyamev Jayate. Truth can be troubled, but not defeated,” Atishi said.

Kejriwal Fifth and Most High-Profile Opposition Leader to Walk Out of Jail

Kejriwal has been released nearly six months after he was first arrested by ED and two months after being granted bail for that arrest. This bail has made Kejriwal the fifth and most high-profile opposition leader to walk out of jail after being arrested in the case.

On September 5, the bench had reserved the verdict in the case. Earlier, the court had granted interim bail to Kejriwal in the case lodged by the Enforcement Directorate. However, his incarceration continued because of the CBI case.

On March 21, the Enforcement Directorate first arrested Kejriwal in connection with the alleged Delhi Excise Policy scam under the Prevention of Money Laundering Act (PMLA). On June 26, the CBI arrested the national convener of the Aam Aadmi Party (AAP), while he was in ED custody in the alleged liquor policy scam.

Abhishek Singhvi, Kejriwal’s lawyer, said during the hearing last week, that every other possible co-accused in the case has been released.

Those granted bail by the top court in the case include former Deputy Chief Minister of Delhi, Manish Sisodia, Bharat Rashtra Samithi (BRS) legislator K Kavitha and Vijay Nair, the former communication in-charge of Aam Aadmi Party. Another AAP leader and Rajya Sabha MP Sanjay Singh was released on bail in April 2024.

What is Delhi Liquor Excise Policy Case?

The Delhi government introduced a new excise policy in 2021-22 to boost the city’s ailing liquor market. The old system based on sales volume with a licensing fee for traders was replaced by the new policy.

However, Delhi Lieutenant Governor VK Saxena requested a CBI inquiry into alleged irregularities, following which the policy was withdrawn.

Kejriwal and the AAP allegedly received kickbacks of Rs 100 crore including payments from BRS leader K Kavitha-led ‘South group’ for allotment of wholesale licences. The CBI and ED contends that AAP then used this money to fund election campaigns, including for the 2022 Goa Assembly election.