Supreme Court’s Critique of CBI’s Actions
The two-judge bench, comprising Justices Surya Kant and Ujjal Bhuyan, had reserved the verdict after hearing arguments on September 5. While delivering the judgement, Justice Ujjal Bhuyan raised concerns over the necessity of Kejriwal’s arrest, stating that the timing of the arrest raised more questions than it answered. The court noted that Kejriwal had been interrogated by the CBI in March 2023, but the agency did not feel the need to arrest him at that time.
Read more: Arvind Kejriwal gets to walk out of jail ahead of key state electionsThe court further emphasised that the arrest occurred only after Kejriwal’s bail in a related Enforcement Directorate (ED) money laundering case had been stayed. Justice Bhuyan observed that the CBI’s sudden move to seek Kejriwal’s custody after nearly 22 months of inactivity suggested the arrest was strategically timed to frustrate the bail granted in the ED case.
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“Bail is the rule, Jail is the exception”
Justice Bhuyan also rejected the Additional Solicitor General (ASG) Raju’s argument that Kejriwal should have approached the trial court for bail. The court found this submission untenable, especially since Kejriwal had already been granted bail in the ED case. Justice Bhuyan reiterated that bail should be the norm in a developed judicial system, and further detention was “wholly untenable.”
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He also emphasised that the process of arrest should not serve as a means of harassment, stressing that the CBI’s actions in this case were unjustified. As a result, the court ordered Kejriwal’s immediate release.
CBI called to rise above “caged parrot” perception
In a scathing remark, Justice Bhuyan stated that the CBI must rise above the public perception of being a “caged parrot,” referring to the agency’s frequent accusations of acting under political influence. He emphasised that the CBI must strive to act impartially, stating, “CBI should be like Caesar’s wife, above suspicion.”
Justice Bhuyan added that the arrest must not be carried out in a high-handed manner, and in a democratic country, perception matters. He stressed that the agency should work to dispel any doubts about its independence and integrity.
