SC grants bail to Arvind Kejriwal: Here's what he's not allowed to do

Arvind Kejriwal has been granted bail on a bond of Rs 10 lakh and two sureties, paving the way for his release from custody

In a major relief for Delhi Chief Minister Arvind Kejriwal, the Supreme Court on Friday granted him bail in the Central Bureau of Investigation (CBI) case linked to the alleged excise policy scam. The court’s decision, which includes specific conditions for Kejriwal’s release, marks a pivotal moment in the high-profile legal dispute that has drawn widespread attention in political circles.

A two-judge bench comprising Justices Surya Kant and Ujjal Bhuyan, which had reserved its decision on September 5 after hearing the case, delivered the much-anticipated order. Kejriwal, who was arrested by the CBI on June 26, has been embroiled in allegations concerning the capital's now-scrapped liquor policy.

 

The Aam Aadmi Party (AAP) leader has been granted bail on a bond of Rs 10 lakh and two sureties, paving the way for his release from custody. However, the court’s decision came with restrictions that will impact his functioning as Chief Minister.

Restrictions on Kejriwal’s bail
 

While Kejriwal can leave prison, his activities will be significantly curtailed. According to the Supreme Court’s directives, the following conditions must be adhered to:
 

1. No public comments on the case: Kejriwal is prohibited from making any public statements regarding the merits of the case.

2. Mandatory court appearances: He is required to attend all hearings before the trial court, unless an exemption is granted.

3. Restricted office access: The Chief Minister is barred from visiting his office or the Delhi Secretariat while out on bail.

4. Limited official authority: Kejriwal will not be allowed to sign any official documents unless deemed essential and only with prior approval from the Lieutenant Governor.

Justice Bhuyan expressed reservations over the stringent conditions imposed on Kejriwal, particularly about his restricted access to the chief minister’s office. “There are serious reservations about the conditions imposed in the Enforcement Directorate [ED] case, which prevent him from entering the CM office,” the judge said during the hearing.

Kejriwal’s legal troubles
 

Arvind Kejriwal was initially taken into custody by the Enforcement Directorate in March 2024, ahead of the General Elections, in connection with alleged irregularities in the Delhi excise policy. The policy, which was eventually scrapped, had come under scrutiny for corruption and procedural violations.
 

Although the AAP chief was granted bail in July 2024 in the ED case, his continued detention was due to an earlier arrest by the CBI related to the same liquor policy. Both the ED and CBI arrests stem from allegations of money laundering and corruption tied to the excise policy for the fiscal year 2021-22.

Kejriwal and his AAP leadership have consistently denied the charges, labelling them as politically motivated. The party claims that these actions are aimed at undermining their government ahead of the elections.

High court’s stand on the case
 

The Delhi High Court, on August 5, 2024, upheld Kejriwal’s arrest by the ED, stating that his detention was lawful and based on substantial evidence gathered during the probe. The court had dismissed Kejriwal’s petition challenging the arrest, stating that the investigation was carried out without malice. It noted that Kejriwal, as a prominent political figure, could potentially influence witnesses, many of whom came forward only after his detention.

“The control and influence which he has on the witnesses is prima facie borne out from the fact that these witnesses could muster the courage to testify only after the petitioner’s arrest,” the court stated.

Kejriwal’s legal troubles escalated with his arrest in March 2024 over allegations of money laundering related to the scrapped Delhi excise policy for 2021-22. Although he secured bail in one case, his subsequent arrest by the CBI in June added further complexities to his ongoing legal battle.