While Justice Kant dismissed the challenge to the legality of the arrest, he allowed Kejriwal’s appeal for bail.
Arvind Kejriwal Latest News: In a significant legal development, Delhi Chief Minister Arvind Kejriwal has been granted bail by the Supreme Court in the Central Bureau of Investigation (CBI) case. Justices Surya Kant and Ujjal Bhuyan delivered separate judgments, with both concurring on Kejriwal's release while discussing the complexities surrounding his arrest.
Justice Surya Kant, addressing the questions of legality in Kejriwal’s arrest and his eligibility for bail, emphasized that there was no violation of Section 41A of the Criminal Procedure Code (CrPC). He rejected the contention that the CBI failed to comply with legal protocols, stating that Kejriwal’s arrest was legally sound. Justice Kant noted, "Prolonged incarceration amounts to unjust deprivation of liberty," further affirming that the completion of the trial is unlikely in the near future.
While Justice Kant dismissed the challenge to the legality of the arrest, he allowed Kejriwal’s appeal for bail, concluding that the appellant satisfies the legal criteria for release. Kejriwal, however, has been directed not to comment publicly on the merits of the case and must fully cooperate with the trial court.
Justice Bhuyan, in a separate opinion, raised concerns over the timing and necessity of the arrest. He highlighted that the CBI's actions, coming after 22 months of inactivity, appeared questionable, especially as Kejriwal was about to be released on bail in a related Enforcement Directorate (ED) case. Bhuyan remarked that "bail is the rule, and jail is an exception," underscoring that the continued detention of Kejriwal was unjustified.
Both judges concurred that Kejriwal should be released on bail, but Justice Bhuyan raised critical questions about the CBI's handling of the case, stressing that public perception of fairness is crucial in maintaining trust in investigative agencies.
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