In a highly anticipated ruling, the Supreme Court of India is set to decide today whether Delhi Chief Minister Arvind Kejriwal will be granted bail following his arrest in connection with the alleged liquor excise policy scam. The ruling will come at 10:30 am, determining the fate of the Aam Aadmi Party (AAP) leader who has been behind bars for nearly six months. Kejriwal, arrested by the Enforcement Directorate (ED) in March, has been at the center of political controversy, and today’s decision will mark a critical moment in his legal and political journey.
The case and the arrests
The case against Kejriwal stems from allegations involving irregularities in the Delhi government’s liquor excise policy, introduced in November 2021. The policy was withdrawn just eight months later amidst growing scrutiny. According to the Central Bureau of Investigation (CBI) and the ED, Kejriwal and other AAP members were involved in receiving kickbacks, reportedly amounting to ₹100 crore, in exchange for the allotment of liquor licenses. The funds are alleged to have been used to finance the AAP’s election campaigns, particularly for the 2022 Goa Assembly elections.
Kejriwal was first arrested by the ED in March but was granted bail two months later in July. However, just as he was set to be released, the CBI arrested him on similar charges, ensuring that the Delhi Chief Minister remained in jail. This sequence of events has been described by Kejriwal’s defense team as a strategic move by the agencies to keep him incarcerated.
Supreme court’s deliberation
The Supreme Court is hearing two separate petitions today. One seeks bail for Kejriwal, while the other challenges the validity of his arrest by the CBI. The two-judge bench, comprising Justice Ujjal Bhuyan and Justice Surya Kant, is expected to deliver individual judgments on both matters, which has raised speculation about the potential outcomes.
Senior advocate Abhishek Singhvi, representing Kejriwal, has consistently argued that his client has already met the “triple test” for bail—a legal principle used to assess whether the accused poses a flight risk, can tamper with evidence, or can influence witnesses. Singhvi also contends that Kejriwal’s second arrest by the CBI was unnecessary and a politically motivated act intended to demoralize the AAP ahead of the upcoming Delhi elections in February.
CBI’s case
The CBI, for its part, has maintained that it has substantial evidence against Kejriwal. Much of this evidence, the agency claims, comes from testimonies of former accused individuals who turned “approvers” in exchange for more lenient sentences. These witnesses have reportedly provided key details linking Kejriwal to the alleged kickbacks and policy irregularities.
More Read
However, the Supreme Court has expressed concerns over the heavy reliance on these approvers to build the case. In previous rulings, the court has raised questions about the fairness of relying on individuals who may have incriminated themselves as part of their testimony.
Legal precedents and the “Bail is the Rule” principle
One of the critical factors influencing today’s decision could be the legal principle that “bail is the rule, jail is the exception.” This principle, established in 1977 by Justice Krishna Iyer, has been repeatedly invoked by courts in recent cases under the Prevention of Money Laundering Act (PMLA), under which Kejriwal is facing charges. The Supreme Court has emphasized that an individual’s right to liberty cannot be overridden unless compelling reasons justify continued detention.
The court has also previously dismissed arguments that denying bail would uphold the authority of lower courts, emphasizing that bail decisions must prioritize the right to liberty.
Political ramifications
If the Supreme Court grants bail to Kejriwal, he will become the fifth high-profile opposition leader to be released in connection with the liquor policy case. The others include his former deputy Manish Sisodia, AAP MP Sanjay Singh, Telangana politician K Kavitha, and AAP leader Durgesh Pathak. Each of these leaders was granted bail by the Supreme Court on similar grounds, with the court citing delays in trial proceedings and the right to personal liberty as key reasons for their release.
The case has sparked widespread political debate, with AAP accusing the ruling Bharatiya Janata Party (BJP) of using federal agencies like the CBI and ED to target opposition leaders ahead of elections. Kejriwal and his party have consistently denied all charges, framing the case as part of a broader campaign to weaken the opposition.
As the Supreme Court prepares to issue its ruling, all eyes are on the two-judge bench to see whether Arvind Kejriwal will walk free or remain in jail. A decision in his favor would mark a significant legal and political victory for the AAP leader, while a denial of bail would extend his incarceration, further shaping the political landscape ahead of the Delhi elections. Regardless of the outcome, today’s verdict will have far-reaching implications for Kejriwal, his party, and the political dynamics in Delhi.
