'CBI Must Show It's Uncaged Parrot': Justice Bhuyan Says Kejriwal's CBI Arrest Was To Frustrate Bail In ED Case

Questioning Delhi Chief Minister Arvind Kejriwal’s arrest in the Central Bureau of Investigation (CBI) case registered in the liquor policy scam, Justice Ujjal Bhuyam of the Supreme Court on Friday slammed the central agency, saying it should be seen as an uncaged parrot and make efforts to dispel any perception of bias.

Justice Bhuyan also said that as a premier investigating agency of the country, the CBI should not be perceived as making arrests in a high-handed manner.

The observation came as a bench of Justices Surya Kant and Bhuyan delivered judgment today on Kejriwal’s challenge to a Delhi High Court order of August 5, whereby his pleas challenging CBI arrest and seeking bail were dismissed with liberty to approach the trial court for bail.

While Justice Kant upheld the Chief Minister’s arrest, Justice Bhuyan said the arrest was only to frustrate the bail granted to the Chief Minister. Both the judges, however, were unanimous in the decision to grant bail to Kejriwal considering the fact that the chargesheet has been filed in the case and that the trial is unlikely to be completed in the near future.

ARVIND KEJRIWAL GRANTED BAIL: HERE’s WHAT JUSTICE BHUYAN OBSERVED

1. Justice Bhuyan held that the CBI arresting Arvind Kejriwal was only to frustrate the bail granted to him in the money laundering case. He also said the CBI did not arrest Kejriwal for 22 months and arrested him on the cusp of his release in the Enforcement Directorate (ED) case.
2. Justice Bhuyan said when Kejriwal got bail in the money laundering case despite the stringent conditions under the Prevention of Money Laundering Act (PMLA), his further detention in the predicate offence (CBI Case under the Prevention of Corruption Act) became untenable. It is a travesty of justice to keep the appellant in custody on these grounds, especially as he has been granted bail in a more stringent PMLA case, Justice Bhuyan observed.
3. Reminding the CBI of its duty to ensure that its investigations are fair, Justice Bhuyan said, “The CBI is a premier investigating agency. It’s in the public interest that CBI must be seen to be above… Efforts must be made to remove the perception that investigation is not carried out fairly. In a democracy, perception matters.”
4. He also said perception matters and “The CBI must dispel the notion of being a caged parrot and must show it is an uncaged parrot. The CBI should be like Caesar’s wife, above suspicion.”
5. Justice Bhuyan expressed “serious reservations” about the two bail conditions imposed on Kejriwal in the order granting bail to him in the money laundering case, which debarred his entering the Chief Minister’s Office and Delhi Secretariat as well as signing official files. However, keeping in mind the principle of judicial propriety and discipline, the judge refused to say anything further.

Kejriwal had filed two separate pleas before the top court – one challenging the legality of his arrest by CBI and a second plea seeking bail.

The latter was allowed by both the judges.

ARVIND KEJRIWAL’s ARREST

Arvind Kejriwal was formally arrested by CBI on June 26, 2024, while he was in custody of the ED in the money laundering case in connection with the liquor policy scam.

Weeks later, on July 12, the Supreme Court granted Kejriwal interim bail in the money laundering case, while referring his petition challenging ED arrest to a larger bench.

However, he continued to remain in custody (which commenced on March 21) due to his arrest by the CBI.