New Delhi:

Drenched in rain, senior AAP leaders and workers welcomed Delhi Chief Minister Arvind Kejriwal after he left the Tihar Jail in Delhi on Friday evening, having spent over six months behind bars. Hours earlier, the AAP chief had been granted bail by the Supreme Court in the excise policy case. 

Addressing the crowd, which also consisted of his wife, Sunita Kejriwal, Punjab Chief Minister Bhagwant Mann, Delhi Minister Atishi and former deputy chief minister Manish Sisodia, among others, Mr Kejriwal said in Hindi, “All of you came out in such large numbers in the rain, I want to thank you all for doing that. My life is devoted to the nation and I have faced a lot of struggles and hardship in my life, but God has been with me because I walked on the path of truth.”

Hitting out at the BJP without naming it, the AAP chief continued, “These people put me in jail and thought that they would be able to break my morale. After I have come out of jail, my morale (‘haunsla’) and strength have gone up 100 times. I will follow the path God has shown me and I will keep serving the nation. I will keep fighting against the forces that are trying to divide the nation.”

As Mr Kejriwal left the jail premises in a car, Mr Mann, Mr Sisodia and others, who were atop a truck, shouted slogans like ‘jail ke taale toot gaye, Kejriwal chhoot gaye’ (the jail locks have been broken, Mr Kejriwal is out). 

The AAP chief had been arrested by the Enforcement Directorate on March 21 and then by the CBI in June in the Delhi liquor policy case. The Supreme Court had granted him bail in the ED case earlier and did so in the CBI case on Friday, holding that his “prolonged incarceration amounts to unjust deprivation of liberty”. 

Laying down the conditions of his bail, the court said the chief minister cannot go to his office or the Delhi secretariat or sign files without the consent of Lieutenant Governor VK Saxena, with whom he and his government have often been at loggerheads. 

‘Timing of Arrest’

While the two-judge bench of Justices Surya Kant and Ujjal Bhuyan agreed on bail for Mr Kejriwal, it differed on whether his arrest by the CBI was illegal. 

“There is no impediment in arresting a person already in custody. We have noted that CBI in their application recorded reasons as to why they deemed (the arrest) necessary. There is no violation of Section 41A (3) of Code of Criminal Procedure,” said Justice Kant.

Justice Ujjal Bhuyan, however, noted, “CBI did not feel the need to arrest him (Mr Kejriwal) even though he was interrogated in March 2023 and it was only after his ED arrest was stayed that CBI became active and sought custody of Mr Kejriwal, and felt no need of arrest for over 22 months. Such action by the CBI raises serious questions on the timing of the arrest and such an arrest by CBI was only to frustrate the bail granted in the ED case.”

The judge then said that the CBI needed to dispel the notion of being a caged parrot. 

“CBI must be seen above board and every effort must be made so that arrest is not in a high-handed manner. In a country, perception matters and CBI must dispel the notion of being a caged parrot and must show it is an uncaged parrot. CBI should be like Caesar’s wife, above suspicion,” Justice Bhuyan said.

Liquor Policy Case

Under the excise policy, introduced in November 2021, the Delhi government withdrew from the retail sale of liquor and allowed private licensees to run stores. In July 2022, Delhi Chief 
Secretary Naresh Kumar flagged gross violations in the policy and alleged “undue benefits” to liquor licensees. The policy was scrapped in September that year.

The CBI has alleged that liquor companies were involved in framing the excise policy, which would have earned them a 12% profit. It said a liquor lobby dubbed the “South Group” had paid kickbacks to the tune of Rs 100 crore to the AAP, part of which were routed to public servants. The Enforcement Directorate has alleged laundering of the kickbacks.

New Delhi:

Welcoming the bail given to Arvind Kejriwal, Senior Advocate Abhishek Manu Singhvi has said that his client is the Delhi chief minister and no power, except the elected government or President’s rule, can change that status. 

Speaking exclusively to NDTV on Friday, Mr Singhvi, who is also a Rajya Sabha MP and a Congress leader, claimed that the AAP chief can also sign all files, except those pertaining to the liquor policy case under which he was arrested. 

Emphasising that the relief given to Mr Kejriwal by the Supreme Court was a “well-deserved release”, Mr Singhvi said that both judges on the bench – Justices Surya Kant and Ujjal Bhuyan – were unanimous on the fact that he deserved to be released on bail. 

Mr Singhvi has repeatedly called the arrest by the CBI, which came after Mr Kejriwal was granted bail by a trial court in the case filed by the Enforcement Directorate, an “insurance arrest” and he reiterated on Friday that the agency should not have arrested him. 

To a question on the judges disagreeing on the illegality of the arrest by the CBI, Mr Singhvi said there are several nuances to that which need to be considered and added that the issue would not go to a larger bench.

“It does not technically go to a larger bench for an interesting reason – both judges have agreed on the result, which is release. So, on a question of law, they could or could not have referred it (the matter to a larger bench) and they haven’t. We’ll see what happens after that,” he said. 

Stressing that no new conditions had been imposed on Mr Kejriwal, the senior advocate said, “It is a canard to say he can’t act as chief minister. The conditions which you have mentioned have been there for several months in the ED matter, not a single new condition has been put. He is entitled to deal with, and sign, all files, except those related to this case.”

“Unfairly and wrongly, the Delhi lieutenant governor’s office had stopped dealing with matters unless signed by him. That part is available to him to sign with the specific clause by the Supreme Court that any file requiring the chief minister’s signature to go to the lieutenant governor shall also be signed by him,” he claimed.

“In Constitutional law, in practice, in real life, in public life, in law, there is nothing known as a half chief minister, a quarter chief minister. He (Mr Kejriwal) is the chief minister and no power, except the elected government or Article 356 (President’s rule) can change that status,” he asserted. 

The Supreme Court has granted bail to Delhi Chief Minister Arvind Kejriwal, who has been jailed for the last six months in the alleged liquor policy scam. Two months ago, the chief minister was granted bail for a few days ahead of the Lok Sabha Elections. 

The Aam Aadmi Party leader can now leave jail – after nearly six months in prison without a trial – after having secured bail in a case filed by the Enforcement Directorate.

He cannot, however go to his office or the Delhi Secretariat, or sign files without Lieutenant Governor VK Saxena’s consent. In a brief session Friday morning Justice Ujjal Bhuyan and Justice Surya Kant delivered separate verdicts on Mr Kejriwal’s two pleas but agreed that the Chief Minister must be released.

Here are the LIVE updates in Arvind Kejriwal’s bail petition:

“Not A Big Achievement”: BJP Leader Attacks Arvind Kejriwal Over Bail Order

“The order of the honourable Supreme Court has made it clear that the arrest and charges against Kejriwal are valid; getting conditional bail is not a big achievement, he will be tried and punished soon. Kejriwal should remember that because of his corruption and scam policies, he has now joined the list of Chief Ministers like Ms Jayalalitha, Lalu Yadav, Madhu Koda who also got bail and will soon be sentenced and will again go to jail. When Kejriwal cannot discharge the responsibilities of the Chief Minister as per the conditions, then why does he want to continue in this post; he should resign immediately,” Delhi BJP leader Virendraa Sachdeva said in a post on X.

“Bail Waala CM”: BJP Hits Out At Arvind Kejriwal After Bail Order

“Bail waala CM”: BJP leader Gaurav Bhatia, in a press conference today, says Arvind Kejriwal should have resigned as the chief minister.

Sunita Kejriwal’s First Reaction To Husband’s Bail: “Wishing The Soonest Release”
“Congratulations to AAP family! Kudos for staying strong. Wishing also the soonest release of our other leader,” Sunita Kejriwal said.

Congratulations to AAP family!Kudos for staying strong Wishing also the soonest release of our other leaders.

– Sunita Kejriwal (@KejriwalSunita) September 13, 2024

Supreme Court’s “Caged Parrot” Remark To CBI While Granting Arvind Kejriwal Bail
“CBI must dispel notion it’s a caged parrot,” says Supreme Court while granting Arvind Kejriwal bail.

“Welcome Back Arvind Kejriwal, We Missed You”: AAP Leader Raghav Chadha
“Welcome back Arvind Kejriwal, we missed you! Truth can be troubled but not defeated! Finally, the Honourable Supreme Court has given its decision to release Delhi’s son Arvind Kejriwal from the shackles of jail. Thanks to Honorable Supreme Court!” AAP leader Raghav Chadha said on X.

“Satyamev Jayate”: AAP Minister Atishi’s Post On OX After Arvind Kejriwal Gets Bail

“Satyamev Jayate. Truth can be troubled, but not defeated,” Atishi said.

सत्यमेव जयते..

सत्य परेशान हो सकता है, पराजित नहीं। https://t.co/WCrQBkEluY

– Atishi (@AtishiAAP) September 13, 2024

“Truth Has Won”: Manish Sisodia’s Post For Arvind Kejriwal After Court Grants Bail

“Today once again truth has won in the fight against lies and conspiracies. I once again pay my tribute to the thinking and foresight of Baba Saheb Ambedkar ji, who 75 years ago had strengthened the common man against any future dictator,” he said in a post on X.

झूँठ और साज़िशों के ख़िलाफ़ लड़ाई में आज पुनः सत्य की जीत हुई है.

एक बार पुनः नमन करता हूँ बाबा साहेब अंबेडकर जी की सोच और दूरदर्शिता को, जिन्होंने 75 साल पहले ही आम आदमी को किसी भावी तानाशाह के मुक़ाबले मज़बूत कर दिया था. pic.twitter.com/2yJDqz2W6w

– Manish Sisodia (@msisodia) September 13, 2024

Arrest Not Illegal, Bail Is Issue Of Liberty: Supreme Court
“Petitioner’s arrest does not suffer from illegality. The issue is of liberty which is integral to sensitized judicial process. Prolonged incarceration amounts to unjust deprivation of liberty,” Justice Kant said.

BREAKING: Arvind Kejriwal Gets Bails
Supreme Court grants bail to Delhi Chief Minister Arvind Kejriwal in Delhi liquor policy case.

Supreme Court’s Three Questions Over Arvind Kejriwal’s Arrest
Justice Kant: Based on arguments, we have framed three questions. 

1. Was Arvind Kejriwal’s arrest was illegal?

2. Should he be allowed regular bail? 

3. Was filing of chargesheet of such nature that he has to only go to trial court?

Hearing Begins In Arvind Kejriwal’s Bail Petition In Supreme Court

A bench of Justices Suryakant and Ujjal Bhuiyan bench is delivering the decision. Both judges will read out their respective decisions.