New Delhi, Sep 13 (IANS) The Supreme Court on Friday granted bail to Delhi Chief Minister Arvind Kejriwal in the corruption case linked to the alleged liquor policy scam.
In a crucial judgment pronounced, the Supreme Court said “conditions to be fixed by the trial court”.
Two concurring judgments by two justices were pronounced.
In his opinion, Justice Surya Kant granted bail to Delhi CM Arvind Kejriwal in the case. The other judge, Justice Ujjal Bhuyan, authored a separate opinion raising serious questions on the timings of arrest by the CBI and held the “belated arrest” by the central agency to be unjustified.
Last week, the Bench of Justices Kant and Bhuyan, reserved its decision after hearing the oral arguments advanced by senior advocate Abhishek Manu Singhvi, representing the Aam Aadmi Party (AAP) supremo, and Additional Solicitor General (ASG) S.V. Raju, who appeared on behalf of the CBI. During the hearing, Singhvi contended that the CBI did not arrest CM Kejriwal for two years but made an “insurance arrest in a hurry” to prevent his release in the money laundering case. The CBI arrested Kejriwal for “his non-cooperation and evasive replies” but there were several apex court judgments that held that cooperation with the probe should not mean that the accused should incriminate himself and confess to the offences alleged, he said.
Singhvi added that CM Kejriwal, a constitutional functionary holding the position of Delhi Chief Minister, satisfied the triple test for grant of bail. “He is not a flight risk, he will turn up to answer the questions of the investigative agency, and cannot tamper with documents, running into lakhs of pages, and digital evidence after two years,” he submitted.On the other hand, the central agency apprehended that the release of CM Kejriwal would turn many witnesses “hostile” and urged the apex court to not release him on bail. ASG Raju said that many candidates of the AAP in the Goa Assembly election came forward to give their statements to the central agency only after CM Kejriwal was arrested
“They (witnesses) will turn hostile if your lordships release Kejriwal on bail,” he argued. He argued that CM Kejriwal’s plea for bail should be remanded back to the trial court and he should not have petitioned the Delhi High Court for bail in the first instance. The ASG submitted that arrest is a part of investigation and ordinarily, an investigating officer will not require any permission from a court to make an arrest. “But, in the present case, there was an order of the court granting the power (to arrest),” he said. He added that when an arrest is made pursuant to an order of the court, an accused cannot take a plea of violation of fundamental rights.
Recently, the top court allowed bail pleas of senior AAP leader and former Delhi Deputy Chief Minister Manish Sisodia, BRS leader K. Kavitha, and AAP’s former communication-in-charge Vijay Nair in the excise policy case.
In his special leave petition filed before the Supreme Court, the Aam Aadmi Party (AAP) convenor challenged his arrest and subsequent remand orders while also pressing for bail in the corruption case. On the other hand, seeking dismissal of CM Kejriwal’s plea, the CBI said that the AAP supremo was simply attempting to politically sensationalise the matter, despite repeated orders passed by various courts being prima facie satisfied with the commission of the offences, for which cognisance already has been taken.
The agency said that while CM Kejriwal “does not hold any ministerial portfolio in Government National Capital Territory (GNCT) of Delhi, all decisions of the government, as well as the party, are taken on his concurrence and directions”, adding that these include not only the decisions in Delhi but also throughout the country where AAP has a presence.
The Supreme Court, on July 12, ordered CM Kejriwal to be released on interim bail in connection with the money laundering case lodged by the Enforcement Directorate (ED). However, he was not able to walk out of jail since he was arrested by the CBI.
A Delhi court on Wednesday extended till September 25 the judicial custody of CM Kejriwal, who was produced through video conferencing from Tihar Jail upon expiry of previously granted judicial custody.
–IANS
pds/dp
Disclaimer
The information contained in this website is for general information purposes only. The information is provided by TodayIndia.news and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of TodayIndia.news We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, TodayIndia.news takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
For any legal details or query please visit original source link given with news or click on Go to Source.
Our translation service aims to offer the most accurate translation possible and we rarely experience any issues with news post. However, as the translation is carried out by third part tool there is a possibility for error to cause the occasional inaccuracy. We therefore require you to accept this disclaimer before confirming any translation news with us.
If you are not willing to accept this disclaimer then we recommend reading news post in its original language.
