Calling CBI a 'caged parrot,' Supreme Court grants bail to Delhi CM Arvind Kejriwal... and a supreme political slugfest kicks off

The Aam Aadmi Party (AAP) on Sep 13 demanded that the Bharatiya Janata Party (BJP) should apologize to the country for keeping a "staunchly honest" leader like Arvind Kejriwal in jail, and said the Supreme Court order granting him bail in the excise policy case has exposed the BJP's “lies.”

At a joint press conference in New Delhi, senior AAP leader and Delhi's former deputy chief minister Manish Sisodia said the Supreme Court order granting bail to Kejriwal was a moment of "big relief" for the party and its leaders and workers.

"It is not just the issue of bail granted to Kejriwal. The court has also given a big message to the BJP-led government to stop its dictatorship," he said.

He said the top court order is important not just for AAP but also as an assurance that if anyone resorted to “dictatorship,” the Supreme Court would ensure the dominance of the Constitution.

The BJP was using the agencies to keep Kejriwal in jail, Sisodia alleged, adding that the CBI deliberately arrested Kejriwal to keep him in prison.

"The BJP intended to keep Kejriwal in jail, so the CBI arrested him after he got bail in the ED case. The CBI fulfilled the intentions of the BJP," the AAP leader alleged.

"The bail order is a big slap on the BJP's face. The court noted that the CBI was acting like a caged parrot," Sisodia said.

He said the BJP should introspect as it has been "completely exposed" and “apologize to the country for keeping a staunchly honest leader like Kejriwal in jail.”

On the BJP's reaction to the bail order that the apex court granted the AAP national convenor conditional bail and that he continues to be an accused in the corruption case, the Sisodia said, "BJP is talking about bail conditions imposed on Kejriwal because it is scared."

AAP Rajya Sabha MP Sanjay Singh claimed that the whole excise policy case was based on a foundation of "lies" to “defame Kejriwal and finish off the Aam Aadmi Party.”

"Kejriwal's bail granted by the Supreme Court is proof that the BJP's mountain of lies has now collapsed," he said.

"AAP will the defeat of the BJP in the Haryana and Delhi polls. Kejriwal's presence will strengthen us," Singh added.

Supreme Court says…

Observing that Kejriwal's arrest by the CBI was unjustified, Supreme Court Justice Ujjal Bhuyan came down heavily on the premier agency for arresting the Delhi chief minister in the corruption case linked to excise policy scam, and said it must dispel the notion of being a “caged parrot.”

Writing a separate concurring judgement granting bail to the AAP supremo, Justice Bhuyan questioned the timing of Kejriwal's arrest by the CBI and said its aim was to frustrate grant of bail to him in the ED case.

Justice Surya Kant did not find any illegality in the CBI arrest.

"CBI is a premier investigating agency of the country. It is in the public interest that CBI must not only be above board, but must also be seen to be so. Every effort must be made to remove any perception that investigation was not carried out fairly and that the arrest was made in a high-handed and biased manner.

"In a functional democracy governed by the rule of law, perception matters. Like Caesar's wife, an investigating agency must be above board. Not long ago, this court has castigated the CBI comparing it to a caged parrot. It is imperative that CBI dispels the notion of it being a caged parrot. Rather, the perception should be that of an uncaged parrot," Justice Bhuyan wrote.

The top court judge said when Kejriwal has been granted bail under the more stringent provisions of PMLA, further detention by the CBI in respect of the same predicate offense has become wholly untenable.

"When the CBI did not feel the necessity to arrest the appellant for 22 long months, I fail to understand the great hurry and urgency to arrest the appellant when he was on the cusp of release in the ED case," Justice Bhuyan said.

He said the CBI can't justify arrest and continued detention citing evasive replies by Kejriwal, and added that non-cooperation cannot mean self-incrimination.

"The CBI must dispel notion of being a caged parrot, must show it is an uncaged parrot," Justice Bhuyan said.

It would be travesty of justice to keep Kejriwal in custody when he has got bail in the ED case on the same grounds, he said.

Justice Bhuyan said he has serious reservations on the conditions imposed in the ED case on Kejriwal which bar him from entering the CM's office and signing files.

"I am not commenting on conditions imposed on Kejriwal due to judicial discipline as it was in separate ED case," he added.

The excise policy was scrapped in 2022 after the Delhi lieutenant governor ordered a CBI investigation into alleged irregularities and corruption involving its formulation and execution.

According to the CBI and the ED, irregularities were committed while modifying the excise policy and undue favors extended to licence holders.

BJP counter

Meanwhile, the BJP said Kejriwal should immediately resign from his post as the Supreme Court has granted him only conditional bail and that he continues to be an accused in the corruption case linked to the excise policy.

During a press conference at the party headquarters here, BJP national spokesperson Gaurav Bhatia said, "The Supreme Court has shown a mirror to 'kattar beimaan' (outright dishonest) Arvind Kejriwal while granting bail to him. He should immediately resign after this."

Bhatia added that Kejriwal continues to be an accused in the case as the court has granted him conditional bail.

Neither have the charges against him been quashed nor has he been acquitted, the BJP leader added.

"Accused of corruption, Arvind Kejriwal has become a chief minister on bail from a chief minister in jail. What influence, reputation and stature is left of this corrupt chief minister who will have to report to the investigation officer of the case every Monday and Thursday," Bhatia asked.

People of Delhi will not tolerate this, he said, adding that the people deserve “a better chief minister.”

"We demand that he immediately resign as the chief minister, else a time will come when people will demand his resignation," the BJP leader added.

"Morality cannot be expected from Kejriwal. He has applied Fevicol (an adhesive) on the chief minister's chair and is sitting on it. He is the same person who used to say that one should resign first when facing allegations," Bhatia said.

But people are powerful, he cautioned.

"West Bengal Chief Minister Mamata Banerjee bowed down and offered to resign. This corrupt Arvind Kejriwal will also have to bow down," Bhatia added.

On former deputy chief minister Sisodia hailing Kejriwal's bail as a victory of truth, the BJP leader said, "When the kingpin of the liquor scam is out on bail, what else will the 'queen-pin' say?"

(PTI)