Delhi Chief Minister Arvind Kejriwal was granted bail by the Supreme Court in the alleged liquor excise policy case, but with significant restrictions that limit his ability to govern.
While the court ordered his release after nearly six months in jail, Kejriwal will not be allowed to enter his office at the Delhi Secretariat or sign any files without the consent of Lieutenant Governor VK Saxena.
These conditions effectively make Kejriwal a 'shackled' chief minister, as his ability to carry out his official duties remains heavily restricted.
The Supreme Court’s ruling, delivered by Justices Ujjal Bhuyan and Surya Kant, said that his prolonged incarceration was "unjust deprivation of liberty," particularly since a trial is unlikely in the near future. However, despite his release, the imposed restrictions will limit his ability to govern the capital fully.
Kejriwal’s arrest by the Central Bureau of Investigation (CBI) came shortly after he secured bail in a related case filed by the Enforcement Directorate (ED). Justice Bhuyan questioned the timing of the CBI's actions, suggesting it became active only after the ED case bail was secured, while Justice Kant deemed the arrest by the CBI as permissible.
On the issue of bail, both judges were aligned, noting that a trial in the immediate future was unlikely. The Supreme Court reiterated its stance that "bail is the rule, jail is the exception," a principle reinforced in previous cases, including those of former Delhi Deputy CM Manish Sisodia and Telangana leader K Kavitha, who were released under similar circumstances.
The court said that keeping Kejriwal in jail without trial, especially when he had already been granted bail in the ED case, amounted to a "travesty of justice."
Justice Bhuyan's comments further criticized the CBI's actions, stating, "I fail to understand the great urgency on the part of CBI to arrest the appellant when he was on the cusp of release in the ED case." He also stressed the presumption of innocence, reiterating that the continued detention of Kejriwal under similar charges by the CBI was "untenable."
The Delhi excise policy case revolves around allegations that Kejriwal and his party received Rs 100 crore in kickbacks, including from a 'South group' led by Telangana politician K Kavitha, in exchange for allotting wholesale liquor licenses. The ED and CBI claim these funds were used by the AAP to finance its election campaigns, including the 2022 Goa Assembly elections. The controversial policy, implemented in November 2021, was withdrawn just eight months later.
Kejriwal, Sisodia, and AAP, as well as Kavitha and her party, the Bharat Rashtra Samithi (BRS), have denied the charges, accusing the ruling BJP of using federal agencies like the ED and CBI to target opposition leaders, especially ahead of elections.
The timing of Kejriwal's release comes just weeks before the Haryana Assembly elections, in which AAP plans to contest all 90 seats. The party had engaged in seat-sharing talks with Congress, but disagreements led to AAP's decision to contest independently.
Kejriwal’s release is expected to influence the political landscape, particularly as AAP gears up for the Haryana polls on October 5.