Supreme Court Grants Bail to Arvind Kejriwal in CBI Case While Upholding the Legality of His Arrest; “Personal Liberty a Fundamental Right Under Article 21, Prolonged Detention Unjustified”

Court’s Decision:
The Supreme Court upheld the legality of Arvind Kejriwal’s arrest by the Central Bureau of Investigation (CBI), finding that the CBI had followed the required procedure under Section 41 of the CrPC. However, the court granted Kejriwal regular bail, stating that “personal liberty is a fundamental right under Article 21 of the Constitution,” and prolonged detention without trial would violate that right. The court imposed a bond of ₹10,00,000 and restricted Kejriwal from making public comments about the case.

Facts of the Case:
The case involves alleged irregularities in the framing and implementation of the Delhi Excise Policy for 2021-2022. The CBI filed an FIR in August 2022, and while Kejriwal was not initially named, he was later arrested in June 2024 following custodial interrogation. The Enforcement Directorate (ED) had arrested him earlier in March 2024 under the Prevention of Money Laundering Act (PMLA). It was alleged that the manipulated excise policy led to financial gains for certain entities, with funds used for political campaigns, including the Goa Assembly elections.

Issues:
Whether Kejriwal’s arrest complied with legal procedures.
Whether prolonged pre-trial detention was justified, given the circumstances and delays in trial.

Petitioner’s Arguments:
Kejriwal’s legal team argued that the arrest was illegal, claiming a violation of Sections 41(1) and 41A CrPC, which safeguard against unnecessary arrests. They stressed that Kejriwal had cooperated with the investigation and had been granted bail in the ED case, making further detention excessive and unjustified.

Respondent’s Arguments:
The CBI justified the arrest, citing the need for custodial interrogation due to Kejriwal’s alleged non-cooperation and evasiveness during questioning. They argued that his continued detention was necessary to prevent tampering with evidence and influencing witnesses.

Court’s Reasoning:
The Supreme Court ruled that the CBI’s arrest of Kejriwal was lawful and followed the procedural requirements under Section 41 of the CrPC. However, the court emphasized that “personal liberty is a fundamental right under Article 21,” and that prolonged detention without progress in the trial was an infringement of that right. The court pointed out that with the bulk of the evidence already in the CBI’s possession, Kejriwal’s continued incarceration was unnecessary. The court remarked that “while procedural correctness is important, personal liberty cannot be sacrificed for delays in the trial.”

Conclusion:
Kejriwal was granted bail on the condition of posting a bond of ₹10,00,000 and refraining from public comments on the case. The court warned that any attempt to interfere with the judicial process could result in the cancellation of bail.