SC grants Bail to Delhi Chief Minister Arvind Kejriwal, Bench differs on the Legality of Arrest

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Justice Ujjal Bhuyan says “CBI shouldn’t be a Caged Parrot”, Arrest of Kejriwal by CBI ‘Unjustified’

The Supreme Court granted bail to Delhi Chief Minister Arvind Kejriwal today in connection with the CBI FIR in the Delhi Liquor Policy case.

The Court pronounced the verdict in the petitions filed by Delhi Chief Minister Arvind Kejriwal challenging his Arrest by the CBI and seeking bail in the case registered by the Central Bureau of Investigation (CBI) over the alleged Delhi Liquor Policy scam.

A bench of Justices Surya Kant and Ujjal Bhuyan had heard the matter and reserved the verdict on September 5. Both the judges delivered separate judgments, however, concurring with the final conclusion.

Justice Surya Kant did not find any illegality in the CBI arrest, however, Justice Ujjal Bhuyan questioned the necessity and timing of Kejriwal’s arrest, and opined that his further detention is wholly untenable especially considering the fact that he has already been granted bail in the money laundering case arising out of the alleged liquor policy ‘scam’.

“CBI is a premier investigating agency of the country. It is in public interest that CBI must not only be above board, but must also be seen to be so. Every effort must be made to remove any perception that investigation was carried out fairly and that the arrest was made in a high-handed and biased manner. In a functional democracy governed by the rule of law, perception matters. Like Caesar’s wife, an investigating agency must be above board. Not long ago, this court has castigated the CBI comparing it to a caged parrot. It is imperative that CBI dispels the notion of it being a caged parrot. Rather, the perception should be that of an uncaged parrot.”

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