'CBI Shouldn't Be A Caged Parrot' : Justice Ujjal Bhuyan Says CBI Arrest Of Arvind Kejriwal Was Unjustified

Authoring a separate, concurring opinion granting bail to Delhi CM Arvind Kejriwal in the CBI case registered over the alleged liquor policy scam, Justice Bhuyan of the Supreme Court lambasted the CBI, saying that as a premier investigating agency of the country, it should not be perceived as making arrests in a high-handed manner. Rather, it should be seen as an uncaged parrot and make efforts to dispel any perception of bias. "CBI is a premier investigating agency of the country. It is in 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 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."The observation came, as a bench of Justices Surya Kant and Ujjal Bhuyan delivered judgment today on Kejriwal's challenge to a Delhi High Court order of August 5, whereby his pleas challenging CBI arrest and seeking bail were dismissed with liberty to approach the trial court for bail.After hearing the matter at length, the bench had reserved its orders on September 5. Today, it delivered two separate, concurring judgments. To read more about the pronouncement, click here.While Justice Surya Kant did not find any illegality in the CBI arrest, Justice Bhuyan questioned the necessity and timing of Kejriwal's arrest, and opined that his further detention is wholly untenable especially considering he has already been granted bail in the money laundering case arising out of the liquor policy 'scam'.The judge noted that the CBI did not arrest Kejriwal for more than 22 months and arrested him on the cusp of his release in the ED case. To quote,"As already noted above, CBI case was registered on 17.08.2022. Till the arrest of the appellant by the ED on 21.03.2024, CBI did not feel the necessity to arrest the appellant though it had interrogated him about a year back on 16.04.2023.It appears that only after the learned Special Judge granted regular bail to the appellant in the ED case on 20.06.2024 (which was stayed by the High Court on 21.06.2024 on oral mentioning) that CBI became active and sought for custody of the appellant which was granted by the learned Special Judge on 26.06.2024Thus, it is evident that CBI did not feel the need and necessity to arrest the appellant from 17.08.2022 till 26.06.2024 i.e. for over 22 months.It was only after the learned Special Judge granted regular bail to the appellant in the ED case that the CBI activated its machinery and took the appellant into custody. Such action on the part of the CBI raises a serious question mark on the timing of the arrest; rather on the arrest itself. For 22 months, CBI does not arrest the appellant but after the learned Special Judge grants regular bail to the appellant in the ED case, CBI seeks his custody. In the circumstances, a view may be taken that such an arrest by the CBI was perhaps only to frustrate the bail granted to the appellant in the ED case.""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 on the part of the CBI to arrest the appellant when he was on the cusp of release in the ED case."Reiterating that the pre-trial process should itself not become punishment, Justice Bhuyan said, "Bail jurisprudence is a facet of a civilised criminal justice system. An accused is innocent until proven guilty by a competent court, following due process. Hence, there is a presumption of innocence...This court has been reiterating that bail is the rule and jail is the exception. As such, the courts at all levels must ensure that the process leading to and including the trial does not end up becoming the punishment itself."The judge further remarked :"I am of the unhesitant view that the belated arrest of the appellant by the CBI is unjustified and the continued incarceration of the appellant in the CBI case that followed such arrest has become untenable."It is worthwhile to note that Justice Bhuyan also expressed "serious reservations" about the two bail conditions imposed on Kejriwal in the order granting bail to him in the money laundering case, which debarred his entering CM office and Delhi Secretariat as well as signing official files. However, keeping in mind the principle of judicial propriety and discipline, the judge refused to say anything further.However, both Justices Kant and Bhuyan dismissed Kejriwal's petition challenging the CBI arrest.BackgroundKejriwal's present petition challenged the Delhi High Court order of August 5, whereby his plea against CBI arrest was dismissed by a...

'CBI Shouldn't Be A Caged Parrot' : Justice Ujjal Bhuyan Says CBI Arrest Of Arvind Kejriwal Was Unjustified

Debby Jain

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