The Supreme Court, on Friday, i.e., September 14, granted bail to Delhi Chief Minister and Aam Aadmi Party (AAP) Chief Arvind Kejriwal in the Central Bureau of Investigation (CBI) case linked to the alleged excise policy scam case.
The top court observed that prolonged incarceration amounts to unjust deprivation of liberty. A bench of Justices Ujjal Bhuyan and Surya Kant said that it would be a travesty of justice to keep Kejriwal incarcerated when he is on bail in the ED case.
He further said Kejriwal was granted bail in the ED case and further detention in the CBI case is wholly untenable.
Justice Bhuyan also remarked that bail is the rule and jail is an exception.
"The process of trial or steps leading to arrest should not become harassment," said the judge. He also stressed that Arvind Kejriwal's arrest was 'unjustified' and therefore, he should be released forthwith.
However, the bench also applied a few conditions while granting bail to the Delhi Chief Minister, which are:
1.The apex court granted bail to Kejriwal, subject to bail bonds of Rs 10 lakh.
2. The Delhi CM cannot make public comments about this case.
3. The Delhi CM should be present for all hearings before the trial court unless exempted.
4. Delhi CM Arvind Kejriwal can't enter the chief minister's office or the Delhi secretariat while out on bail.
5. The Delhi CM cannot sign official files unless necessary to obtain the Lieutenant Governor's sanction.
Bail conditions will not affect Arvind Kejriwal's work as Delhi CM:
The bail conditions will not hinder AAP Supremo Kejriwal's work as Delhi Chief Minister, News 18 has reported citing party sources.
The sources also remarked that the Delhi Chief Minister can still sign files which require approval of the Lieutenant Governor, and that he can operate from home or through official channels rather than visiting his office or the Delhi Secretariat, as reported by the publication.
Since Arvind Kejriwal doesn't hold any portfolios in the Delhi cabinet, he doesn't need to sign a lot of files. However, the ministers associated with their respective portfolios can do the needful. Also, a majority of decisons are taken with the approval of the LG, hence the Chief Minister does not have any issues in signing those files as well, said the party sources.
Earlier, Lawyer Abhishek Manu Singhvi clarified on the misinformation that Arvind Kejriwal cannot sign any files.
“Thursday’s order doesn’t add a comma or a full stop to the order already passed on July 12 in the PMLA case. That order says Kejriwal holds no portfolio. He doesn’t actually sign any files at all. The only category of files he must sign and does sign are the ones which have to go to the Lieutenant Governor,” Singhvi said.
