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Observing that the arrest of Arvind Kejriwal by the Central Bureau of Investigation was unjustified, Supreme Court judge Justice Ujjal Bhuyan on Friday 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 Aam Aadmi Party 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.
"The 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 favours extended to licence holders.