Excise policy case: CBI should dispel notion of being a "caged parrot," says SC

New Delhi: Supreme Court Judge, Justice Ujjal Bhuyan on Friday made a strong observation on the Central Bureau of Investigation (CBI) in relation to the arrest of Delhi Chief Minister Arvind Kejriwal in the excise policy case, saying that it is imperative that the cenral probe agency dispel the notion of being a "caged parrot."
"It is imperative that the CBI "dispels the notion of being a caged parrot", rather the perception should be that of an "uncaged parrot"," said Justice Bhuyan, who authored a separate but concurring opinion in the judgement granting bail to Kejriwal.
"CBI is a premier investigating agency of the country. It is in the public interest that the 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 the investigation was not 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... Not long ago, this court castigated the CBI, comparing it to a caged parrot. It is imperative that CBI dispel the notion of it being a caged parrot. Rather, the perception should be that of an uncaged parrot," the bench said.
The bench, also comprised of Justice Surya Kant, granted bail to Kejriwal in the CBI case. While Justice Kant upheld the legality of the CBI's arrest, Justice Bhuyan dissented on the issue.
Justice Bhuyan questioned the necessity and timing of Kejriwal's arrest. He said that Kejriwal's further detention is "wholly untenable," especially considering he has already been granted bail under the more stringent provisions of the money laundering case.
Justice Bhuyan observed that the CBI arrest was seemingly done to frustrate the bail in the ED case.
"When the CBI did not feel the necessity to arrest the appellant (Kejriwal) for 22 long months, I fail to understand the great hurry and urgency to arrest the appellant when he was on the cusp of release in the ED case... I am of the unhesitant view that the belated arrest of the appellant by the CBI is unjustified...," said Justice Bhuyan in his judgement.
When Delhi Chief Minister has been granted bail under the more stringent provisions of PMLA, his further detention by the CBI in respect of the same predicate offence has become "wholly untenable"," opined Justice Bhuyan.
The judge also said that courts at all levels must ensure that the process leading to and including the trial does not end up becoming the punishment itself.
Justice Bhuyan further said, "An accused is innocent until proven guilty by a competent court, following due process... This court has been reiterating that bail is the rule and jail is the exception. As such, the courts at all levels must ensure that the process leading to and including the trial does not end up becoming the punishment itself."
"Thus, the CBI arrest is "unjustified," and Kejriwal should be released forthwith," Justice Bhuyan added.
The judge also expressed reservations on the two bail conditions imposed on Kejriwal in the order granting bail to him in the money laundering case, which debarred him from entering the Chief Minister's office and Delhi Secretariat as well as signing official files.
"I have serious reservations on the conditions that bar the appellant from entering the Secretariat or signing files, but I am not making a comment due to judicial restraint as it was in a different (ED) case," he said further.
The apex court was hearing the plea of Kejriwal seeking bail and challenging his arrest by the CBI. The top court today, while granting bail to him, imposed certain conditions on him, saying he will not make any public comment on the merits of the case and cooperate in the trial of the case. "Bail conditions imposed in the ED matter shall apply in this case," said Justice Kant.
Kejriwal had approached the apex court seeking bail and challenging the Delhi High Court order upholding his arrest by the CBI in a corruption case stemming from the alleged excise policy scam.
On August 5, the Delhi High Court upheld the arrest of the Chief Minister as "legal." It had dismissed Kejriwal's plea challenging his arrest, saying it was only after sufficient evidence was collected and sanction was obtained in April 2024 that the CBI proceeded with further probe against him.
The High Court had said there was no malice in the acts of the CBI, which demonstrated how Kejriwal could influence witnesses who could muster the courage to depose only after his arrest.
It had said Kejriwal is not an ordinary citizen but a distinguished recipient of the Magsaysay Award and the convenor of the Aam Aadmi Party.
Kejriwal was arrested by the ED on March 21, 2024, in connection with a money laundering probe relating to alleged irregularities in the now-cancelled Delhi excise policy 2021-22.
On June 26, AAP Chief was arrested by CBI while he was in custody of the Enforcement Directorate in the case.
On July 12, the top court granted Kejriwal interim bail in the money laundering case, while referring his petition challenging ED arrest to a larger bench. However, he continued to remain in custody due to his arrest by the CBI.