Arvind Kejriwal Likely To Get Bail Today As Abhishek Manu Singhvi Bats Strong In Supreme Court

The Supreme Court is currently hearing Delhi Chief Minister Arvind Kejriwal's petitions for bail and his challenge against the CBI arrest related to the now-scrapped liquor policy. A bench comprising Justice Surya Kant and Justice Ujjal Bhuyan is overseeing the case. If granted relief, Mr. Kejriwal could be released after over five months in jail.

Previously, the top court had granted interim bail to CM Kejriwal in a case filed by the Enforcement Directorate (ED), but he remains incarcerated due to the CBI case. The CBI arrested him on June 26, and the Delhi High Court upheld this arrest as legal on August 5, citing potential influence over witnesses by Mr. Kejriwal.

Arguments Presented

Senior Advocate Abhishek Singhvi, representing Mr. Kejriwal, described the situation as unprecedented. He highlighted that Mr. Kejriwal had received relief twice under the stringent Prevention of Money Laundering Act (PMLA). He argued that the CBI's arrest was merely an "insurance arrest" to keep him in jail.

Mr. Singhvi emphasised that three court orders were in favour of Mr. Kejriwal and questioned whether there was a flight risk, potential tampering with evidence, or influence over witnesses. He stated, "Arvind Kejriwal is a constitutional functionary and cannot be a flight risk."

CBI's Stand

Additional Solicitor General SV Raju, representing the CBI, requested equal time to present their arguments. At one point, Justice Kant remarked on the extensive time being taken for a bail matter, questioning if ordinary individuals receive such consideration.

The CBI counsel also queried whether Mr. Singhvi was arguing about bail or arrest, stating that these issues should not be mixed. Despite this, Mr. Singhvi maintained that all criteria for bail were satisfied and pointed out that other co-accused individuals had been released.

Key Points of Contention

Mr. Singhvi argued that the only basis for the CBI's arrest was non-cooperation from Mr. Kejriwal, which past judgments have addressed by stating that an accused cannot be expected to incriminate themselves. He added that there was no substantial material presented before the special judge to justify his client's arrest.

"This person was found fit for release twice," said Mr. Singhvi, referring to previous court decisions under Section 45 of PMLA. He further stated that there were no risks of tampering with evidence or influencing witnesses due to the vast amount of documents and multiple chargesheets filed.

Judicial Observations

Justice Kant noted during the hearing that while both sides would be heard thoroughly, there was a question about how long such hearings should take in bail matters compared to cases involving ordinary citizens.

The hearing continues as both sides present their arguments regarding Mr. Kejriwal's bail plea and challenge against his arrest by the CBI.

The outcome of this case will determine whether Delhi Chief Minister Arvind Kejriwal will walk free after more than five months in jail or remain behind bars pending further legal proceedings.