Jailed Delhi Chief Minister Arvind Kejriwal has approached the Supreme Court seeking to quash his arrest by the Central Bureau of Investigation (CBI) in the Delhi excise policy case and to secure bail [Arvind Kejriwal v Central Bureau of Investigation].
On August 5, the Delhi High Court refused to quash Kejriwal’s arrest and advised him to seek bail from the trial court. This led Kejriwal to file an appeal before the Supreme Court.
The petition, filed through advocate Vivek Jain, was mentioned by Senior Counsel Abhishek Manu Singhvi before Chief Justice of India (CJI) DY Chandrachud, who advised sending an email for urgent listing.
Kejriwal was arrested by the CBI on June 26 while already in judicial custody for a money laundering case being investigated by the Enforcement Directorate (ED) in connection with the same scam.
He and other Aam Aadmi Party (AAP) leaders are accused of conspiring to manipulate the Delhi Excise Policy to benefit certain liquor sellers, with the funds allegedly used to support AAP’s election campaign in Goa.
Kejriwal was first arrested by the ED on March 26 and later granted interim bail by the Supreme Court in that case. However, he remains in jail as he has not yet secured bail in the CBI case.
He filed two petitions before the High Court—one for bail and another challenging his CBI arrest. The High Court dismissed the plea to quash the arrest, stating there were sufficient grounds for it. Regarding bail, the Court directed Kejriwal to approach the trial court.
Kejriwal is now challenging both aspects before the Supreme Court. In his bail plea, he argues that the High Court neglected its jurisdiction by referring the matter to the trial court, despite having concurrent jurisdiction to decide bail applications. The plea also emphasizes that the trial is unlikely to conclude soon and that most co-accused have already been granted bail.
The petition also highlights that the Supreme Court had previously granted Kejriwal interim bail in the money laundering case, where bail conditions are typically more stringent, and argues that he should be released in the CBI case as well.
Recently, the Supreme Court granted bail to AAP leader and former Delhi Deputy Chief Minister Manish Sisodia in the same case, citing prolonged trial delays that violated his right to a speedy trial under Article 21 of the Constitution. The Court expressed concern that lower courts often deny bail to avoid taking risks, rather than treating it as the norm.
