CBI arrest of Arvind Kejriwal was only to frustrate bail in ED case: Justice Ujjal Bhuyan

Justice Ujjal Bhuyan of the Supreme Court on Friday opined that the arrest of Delhi Chief Minister Arvind Kejriwal by the Central Bureau of Investigation (CBI) in relation to the Delhi Excise Policy case was only to frustrate the bail granted to him in the case lodged by the Enforcement Directorate (ED)..In his separate, concurring judgment granting Kejriwal bail in the CBI case, Justice Bhuyan held,"...arrest by CBI raises more questions than it answers. CBI did not feel the need to arrest him though he was interrogated in March 2023 and it was only after his ED arrest was stayed...CBI became active and sought custody of Jejriwal and thus no need of arrest for over 22 months. Such action by CBI raises serious questions on the timing of the arrest and such an arrest by CBI was only to frustrate the bail granted in ED case.".The judge went on to say that the CBI must dispel the notion that it is the Central government's "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.".The Bench also comprising Justice Surya Kant granted bail to the Delhi Chief Minister today. While Justice Kant upheld the legality of the CBI's arrest, Justice Bhuyan has dissented.The judge went on to discuss arguments made by Additional Solicitor General SV Raju for CBI that Kejriwal has to first approach the trial court for bail. He held,"Such a submission cannot be accepted and when Kejriwal has been granted bail in ED case. Further detention in this case is wholly untenable. Bail jurisprudence is a facet of developed jurisprudential system. Thus bail is the rule and jail is an exception. Process of trial or steps leading to arrest should not become harassment. Thus CBI arrest is unjustified and thus the appellant (Kejriwal) should be released forthwith.".The judge reiterated that cooperation with the investigation does not mean the accused has to answer questions the way the prosecution wants him to."It will be travesty of justice to keep Kejriwal incarcerated when he is on bail in ED case. Exercise of power of arrest must be used sparingly...law cannot be used for targeted harassment.".Justice Bhuyan went on to express his reservations with the conditions previously prescribed by the Supreme Court barring Kejriwal from entering the Delhi Secretariat and signing files."I have serious reservations on the conditions which bar Kejriwal from entering Secretariat or signing files, but I am not making comment due to judicial restraint as it was in a different ED case.".[Read judgment].[Read a live account of the hearing here]