In a significant development, the Supreme Court of India has granted bail to Delhi Chief Minister Arvind Kejriwal in the Central Bureau of Investigation (CBI) case concerning the alleged Delhi Liquor Policy scam. This decision paves the way for the release of another prominent political figure who had been incarcerated in connection with this case.
Over the past few months, several individuals accused in the liquor policy case have been granted bail. These include high-profile figures such as Abhishek Boinpally (Hyderabad businessman), Sanjay Singh (Aam Aadmi Party MP), Manish Sisodia (former Delhi Deputy CM), K Kavitha (BRS leader), Vijay Nair (AAP’s former communications-in-charge), Raghav Magunta (son of MP Magunta Srinivasulu Reddy), and P Sarath Chandra Reddy (Director, Aurobindo Pharma).
The courts have cited the prolonged periods of pre-trial incarceration and the unlikelihood of the trial concluding anytime soon as significant reasons for granting bail. Moreover, the Supreme Court has expressed concerns over the fairness of the investigations conducted by the CBI and the Enforcement Directorate (ED).
Following the Supreme Court’s recent decision to grant bail to Kejriwal, only one individual, Amandeep Dhall, remains in custody.
Summary of Court Decisions in Major Cases
- Benoy Babu: On December 8, 2023, a bench comprising Justices Sanjiv Khanna and SVN Bhatti granted bail to Benoy Babu, the regional manager of Pernod Ricard India, in the money laundering case. Babu had already spent 13 months in incarceration, and the trial had not commenced. The bench noted contradictions between the allegations made by CBI and ED.
- Abhishek Boinpally: Boinpally, a Hyderabad businessman, was granted interim bail by the Supreme Court on March 20, 2024. He had been in jail since October 2022, with his initial bail granted by a Delhi court in the CBI case quickly followed by re-arrest by the ED.
- Sanjay Singh: On April 2, the Supreme Court granted bail to AAP MP Sanjay Singh after the ED did not oppose his release. The court observed that no money had been recovered from Singh, and there were contradictions in the statements made by the ED’s witnesses.
- Manish Sisodia: The former Delhi Deputy CM was granted bail on August 9, 2024, by Justices BR Gavai and KV Viswanathan. The court highlighted the extended period of Sisodia’s pre-trial incarceration (17 months) and the improbability of a speedy trial, with 495 witnesses and thousands of documents involved.
- K Kavitha: The Supreme Court granted bail to BRS leader K Kavitha on August 27, 2024. The court reiterated that undertrial custody should not be used as a punishment, especially when the trial is unlikely to be completed soon. Kavitha had already been in custody for over five months.
- Vijay Nair: On September 2, the Supreme Court granted bail to Vijay Nair, who had been in custody for approximately 23 months. The court referred to the principle that “bail is the rule, jail an exception,” emphasizing that prolonged pre-trial detention without trial commencement is unjustifiable.
Other Accused Granted Bail by Trial Court/High Court
Several others, including Buchi Babu, Rajesh Joshi, Gautam Malhotra, P Sarath Chandra Reddy, Raghav Magunta, Amit Arora, Sameer Mahendru, and Arun Ramchandran Pillai, have been granted bail by various courts due to similar considerations of prolonged pre-trial detention and lack of evidence for flight risk.
Arvind Kejriwal’s Bail and Arrest Controversy
Delhi Chief Minister Arvind Kejriwal’s bail and arrest have been a focal point in the liquor policy case. He was arrested by the ED on March 21, 2024, after the Delhi High Court refused to grant him interim protection. The Supreme Court granted him interim bail on May 10, which expired on June 2. Despite securing bail in the ED case, he continued to remain in judicial custody due to his arrest by the CBI on June 25 under the Prevention of Corruption Act.
During the hearings, questions were raised about the necessity and timing of Kejriwal’s arrest, particularly the delay between the registration of the Enforcement Case Information Report (ECIR) in August 2022 and his arrest nearly 1.5 years later. The Supreme Court granted him interim bail in the CBI case on July 12, pending a larger bench’s decision on his challenge to the ED arrest.
Finally, on August 14, the Supreme Court granted notice on Kejriwal’s plea but did not provide interim bail. On the subsequent hearing on August 23, the matter was adjourned to allow CBI more time to file a counter. The Supreme Court granted bail in the CBI case on September 13, noting that chargesheets had already been filed and that there was no immediate possibility of the trial being completed.
Amandeep Dhall: The Sole Remaining Accused in Custody
With Kejriwal’s recent bail order, Amandeep Dhall remains the only accused still in custody in connection with the Delhi Liquor Policy case.
The series of bail orders in the Delhi Liquor Policy case reflects a growing judicial concern over prolonged pre-trial detention and delayed trials. The courts have emphasized that detention should not turn into a form of punishment, especially when the trial is expected to take an extended period. The observations made by the Supreme Court in these cases have raised questions about the motives and fairness of the CBI and ED investigations, particularly concerning the arrests of political figures.
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