Arvind Kejriwal’s Urgent Plea for Release: Supreme Court to Decide Fate in Delhi Excise Policy Case

The Supreme Court of India will be hearing a petition from the Chief Minister of Delhi, Arvind Kejriwal, on Wednesday. Arvind Kejriwal is asking for his release from jail in relation to the investigations into the Delhi excise policy issue; a subject under investigation by the CBI. The case has received much attention, and the Delhi High Court has earlier confirmed Kejriwal’s arrest and bail denial, thereby causing his present detention.

The hearing will be led by a two-judge bench of Justices Surya Kant and Ujjal Bhuyan to decide on two petitions presented by Kejriwal. These petitions question the Delhi High Court’s ruling on August 5 that affirmed his arrest and bail refusal. In the petitions, the petitioner state that the arrest was unlawful and the orders for his remand should not have been made.

Kejriwal’s Legal Battle: A Focus on Bail and Detention

Filing the plea after the Supreme Court granted bail to former Delhi Deputy Chief Minister, Manish Sisodia, in the liquor case, Kejriwal wants to challenge the legal justification of the arrest. Sisodia was released on bail in a case that was handled by the CBI and the ED. Kejriwal’s legal counsel has compared his detention and prosecution to Sisodia’s and requested that the decision made in the latter case should be applied to him.

In his petition, Kejriwal also draws the attention of the apex court to the observations made by the Supreme Court in the Sisodia matter, where the detenues have been in detention for more than 70 days without charges being framed—a clear violation of their fundamental rights. The court had focused on Article 21, where the provision of a trial had been upheld as the right of a person. The court also took note that long detentions without tangible progress in a trial were a violation of the liberty of the individual. Kejriwal’s legal counsel argued that a person like Sisodia, who has a strong bond with society, will not flee; therefore, he should be granted bail.

The Importance of Arvind Kejriwal’s Role in Delhi’s Political Landscape

This legal fight has important ramifications for Delhi politics, particularly in light of the approaching assembly elections. Considering that Kejriwal is the current Chief Minister and AAP’s head, his involvement is imperative for the party’s campaigning. During his tenure, AAP has been vigorously working and creating awareness for education, health care, and affordable water and electricity, among other things, making him a key player in the functioning of Delhi.

Kejriwal’s arrest on March 21 has already had a significant influence on the political processes in the capital. This was evident in May when the apex court set him free on a 21-day interim bail to enable him to campaign during the Lok Sabha elections. However, even though he got temporary reprieve in the ED case, his rearrest by the CBI on June 26 has kept him in jail, further complicating matters for AAP in terms of its momentum.

The Background of the Delhi Excise Policy Case

The charges against Kejriwal originate from alleged fraud in the Delhi excise policy for the financial year 2021-22. The policy was later withdrawn and led to an investigation by the CBI after Delhi’s Lieutenant Governor recommended it in July 2022. The probe has resulted in the apprehension of some senior AAP members such as Kejriwal, Sisodia, and Rajya Sabha member Sanjay Singh.

This arrest came three times in a row, joining Kejriwal in connection with the case as the third big name. Sisodia was arrested in February 2023 and was granted bail on August 9, which means that he had been behind bars for over 17 months. Sanjay Singh, on the other hand, received bail from the Supreme Court in April after being detained for six months. The investigations conducted by the CBI and ED into the excise policy have attracted allegations of corruption and mismanagement.

The Path Ahead: Legal and Political Ramifications

Standing before the Supreme Court, Kejriwal is at the crossroads of his political career, and the decision will not only affect his future but could potentially shape the future decisions of similar cases as well. The legal reasons given in the petitions relate to justice, equality, and the right to self-preservation. In this case, Kejriwal’s legal team is expected to present persuasive reasons as to why he should be released from this charge too, especially basing their arguments on this court’s observations made in the Sisodia case.

The political implications of this case are also significant. Similarly, this legal battle may pose a threat to AAP’s domination in Delhi as assembly elections are also around the corner. His importance to the party is thought to be strategic, and any time he spends away from the public sphere is believed to significantly influence the party’s campaign strategies.

The judgment made by the Supreme Court of India on Kejriwal’s petition could be a turning point in his legal issues as well as in the politics of Delhi. While the court mulls the submissions made in this case, the ramifications could extend beyond the confines of the courtroom to shape the course of governance in Delhi and the overarching story of justice in Indian jurisprudence.