Delhi CM released on bail. CBI’s arrest unjustified, should act above board and give the impression of uncaged parrot rules 2 judges SC bench
The national convenor of AAP and Delhi chief minister Arvind Kejrival has been granted bail today by the two judge bench comprising of Justices Ujwal Bhuyan and Suryakant in a money laundering case related to alleged paying of bribe by the South Lobby in the Delhi Excise police ( now scrapped) related liquor scam filed by the Central Bureau of Investigation claiming that they have enough credible evidence against him who will be formally released today on bail in the evening from Tihar prison where he was incarcerated for the last six months. The case was earlier filed by the Enforcement Directorate which arrested him in the PMLA case. The chief minister Arvind Kejrival was granted bail few months ago by the lower court which had unambiguously said that there are no evidences against him but the Indian premier agency CBI had filed another petition in High Court cancelling his bail claiming to have several incredible evidences of bribe paid to AAP functionaries by the Delhi CM. Since then there have been several efforts by Arvind Kejrival through his senior counsel of Supreme Court Abhishekh Manu Singhvi to seek bail in various courts but of no avail with Delhi CM levelling charges of political vindictiveness against the BJP led NDA government. Kindly recall that the former Delhi deputy CM Manish Sisodia and thereafter Kavitha MLC representing the South Lobby and the daughter of the former Telangana CM and founding father of the new state who was also in Tihar jail have been released on bail few days ago. The Rajya Sabha MP Sanjay Singh of AAP too was released on bail several months ago after being in jail for three months. However, in a different case of money laundering, the then Delhi health minister Satyendra Jain too is in jail for more than two years. What is interesting about this judgement is that while the learned judges granted bail to Delhi CM Arvind Kejrival they were at odds concerning the legality of Kejrival’s arrest. Delivering his judgement in the bail of Delhi CM Arvind Kejrival justice Suryakant ruled that the prolonged imprisonment of the Delhi CM constituted an unjust deprivation of liberty but upheld the legality of the arrest concluding that there were procedural irregularities. However, on the contrary another justice Ujjal Bhuyan termed the CBI’s incarceration of Delhi CM fully unjustified raising several questions against the Indian premier investigation agency CBI and ED. The apex court’s two judge bench however strictly prohibited Delhi CM visiting the Chief minister’s office also restricting to give statements on the public comments related to the case. Meanwhile, Justice Bhuyan terming the CBI as the premier investigating agency of the country advised that it should act above board in its investigations transparently avoiding any arrest made in high handed manner and give up the impressive of a caged parrot to be seen as an uncaged parrot. The counsel for Delhi CM repeated his previous argument seeking bail for his client saying that he is holding a constitutional post and therefore is not at all a flight risk not is a risk to temper evidences which has already been collected and submitted in the courts. It may be recalled that the supreme leader of AAP was arrested on March 21 by the ED and subsequently rearrested by high court after being granted bail by lower court when the CBI the next day filed a new petition saying that it has enough credible evidences. Hence should be rearrested. The six conditions fixed by the apex court while granting bail to Delhi CM Arvind Kejrival are filing of the bind for Rs ten lakhs, should not visit his CM office, shall not sign any file, shall not give any statement relating to get case, shall not influence any witness of the case, and if need be will have to present himself in the trial court and co-operate in the case.
