Excise policy case: SC denies interim bail to Kejriwal; sends notice to CBI

The Supreme Court on Wednesday, 14 August, has denied interim bail to Delhi chief minister Arvind Kejriwal in the Delhi excise policy case.

A bench of justices Surya Kant and Ujjal Bhuyan also issued notice to the CBI on another petition filed by Kejriwal, challenging the arrest and seeking bail in the case registered by the Central Bureau of Investigation (CBI) in connection with the alleged Delhi liquor policy scam. The case will be heard again on 23 August.

Senior advocate Abhishek Manu Singhvi, who is representing Kejriwal, noted that the chief minister and AAP supremo had received interim bail in a related money-laundering case despite the stricter provisions of Section 45 of the Prevention of Money Laundering Act (PMLA), questioning why he should be denied bail in the CBI case then, which involves less stringent conditions.

Singhvi referenced the Supreme Court's interim bail orders on 10 May and 12 July and the trial court’s 20 June bail order, which was stayed by the Delhi High Court on an "oral mention".

When Singhvi pointed out that Kejriwal has also sought interim bail, Justice Kant said, "We are not granting any interim bail." The senior counsel requested the shortest date next week, saying that Kejriwal was facing health issues. Accordingly, the bench posted the matter next week, on 23 August.

Kejriwal was arrested by the CBI on 26 June 2024 while already in ED custody over the alleged liquor policy scam since 21 March. He was granted bail by the trial court on 20 June, but this was stayed by the High Court. Thus, although the Supreme Court granted him interim bail in the money-laundering case on 12 July, he remains in custody in the CBI case.

On 5 August, the Delhi High Court upheld Kejriwal's arrest, stating that there was sufficient evidence to justify his detention and remand. The court highlighted Kejriwal’s status as a distinguished figure and stressed the need to prevent misuse of arrest powers.

In his plea, filed shortly after former Delhi deputy chief minister Manish Sisodia’s bail was granted, Kejriwal has challenged his arrest and remand, arguing that the grounds for Sisodia’s release should also apply to him.

Kejriwal's plea underscored the apex court’s own observations that prolonged detention without trial could violate fundamental rights, especially since the investigation is nearly complete and the accused — having deep roots in society — cannot risk absconding.