Mon. Dec 23rd, 2024

Arvind Kejriwal Walks Free, But Supreme Court Judges Divide Over CBI’s Arrest

Arvind Kejriwal granted bail by Supreme Court.
Arvind Kejriwal granted bail by Supreme Court.

In a crucial development, the Delhi Chief Minister, Arvind Kejriwal has been released on bail in a corruption scandal. But regarding the arrest by CBI too Supreme Court has given divided judgement as whether the arrest is legal or not. However one judge found it was justifiable while the other found that there are no reasons to make such an arrest.

Judge Surya Kant who supported CBI said that Arvind Kejriwal arrested in a legal manner did not get any protocol violations. However, Justice Ujjal Bhuyan thought that the arrest was an act of deliberately preventing Arvind Kejriwal from being released in related ED case.

Kejriwal’s Bail a Big Boost for AAP as Haryana Polls Near

The circumstances could not have been better for Arvind Kejriwal ‘s political party AAP as the Haryana Assembly elections are round the corner. This boost has come at a right time when AAP is gearing up to challenge the ruling BJP and Congress party with Arvind Kejriwal himself all set to be released from the Jail.

Dissenting Judge Slams CBI, Calls Arrest “Unjustified”

Justice Ujjal Bhuyan went on to say that the arrests made by the CBI were quite politically motivated especially since it occurred just after Kejriwal had been released on bail in a money laundering case. He criticised that the actions taken by the CBI were tactfully timed and were not pure in their intention.

He said, “CBI must not function like a caged parrot”, which means that the agency’s arrest was just to ensure that Arvind Kejriwal does not get out of jail.

Why the Split Verdict Matters

In addition to this, the differences in the two judges’ opinions are not only in terms of difference in opinion in the role of the investigating agencies but also mimic the legal back and forth normally experienced in highly charged political cases.

Justice Kant, despite validating the arrest, emphasized that prolonged imprisonment without trial can be an “unjust deprivation of liberty.” He reiterated the principle that “bail is the rule, jail is the exception”.

The criticism that was sharper and more sustained came for Justice Bhuyan where he dwelt on the timing of the CBI’s arrest suggesting that Arvind Kejriwal was barely about to be set free from the ED’s grip when the CBI struck. Bhuyan’s observations on the CBI working raises worries relating to the political influence within India’s investigative bodies.

However, it should be stated that even though Kejriwal has recently been released on a private bond of amount Rs 10 lakhs, yet the case is still alive. He cannot talk to media about the case or go to Delhi’s Secretariat after he was restricted from the said places. That the court is divided over whether the CBI was involved in his arrest questions many legal issues.

What’s Next for Kejriwal and AAP?

As Kejriwal is all set to come back in active politics again, his release is an instant morale booster for AAP while preparing for the Haryana Assembly election and the forthcoming Delhi Assembly election.

Though temporarily free, Kejriwal’s legal battles continue, and the CBI’s credibility has once again come under public scrutiny.

The Liquor Policy Case

The Delhi liquor policy scam has been on the lips of many for the past few months and the drama has not ended yet. The case is based on corruption accusations in regard to liquor licences issue in Delhi. Both Kejriwal and many other AAP leaders were detained in relation with the case. The CBI and the ED have been conducting probe into the misuse of funds with emphasis on kickbacks allegedly utilised in the 2022 Goa Assembly elections.

Kejriwal’s defense lawyer, Abhishek Manu Singhvi, argued that there was no risk of tampering with evidence, stating that Kejriwal is a “constitutional functionary” and not a flight risk.

As Arvind Kejriwal walks free, the split Supreme Court verdict over his arrest leaves open the debate about how law and politics intersect in high-stakes corruption cases. With upcoming elections, AAP is likely to seize on Kejriwal’s release as a victory, but the legal and political challenges ahead remain.

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