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Westferry Times > Law and Articles > Courtroom Drama: Arvind Kejriwal’s Battle for Bail in CBI Case
Law and Articles

Courtroom Drama: Arvind Kejriwal’s Battle for Bail in CBI Case

Mona Porwal
By Mona Porwal Published July 17, 2024
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Senior Advocate Abhishek Singhvi, appearing for Arvind Kejriwal, mounted a blistering attack on the CBI, referring to it as the “deliberate design” of investigators to keep AAP supremo Arvind Kejriwal behind bars “by hook or crook.” Singhvi’s statement came after Kejriwal’s arrest; the whole case was pointing towards spilling over wider legal and political ramifications.

Arvind Kejriwal is a dynamic political leader and the Chief Minister of Delhi who has questioned corruption many times and crossed paths in the powerhouses’ game of politics. Such an action by the CBI makes arrest controversial and raises questions: What lies beneath?.

Singhvi claimed that Kejriwal was arrested with the motive of prolonging detention. This proves the concern of the defense about the possibility of procedural fairness. There are allegations of political vendettas or selective targeting. Kejriwal’s supporters and legal fraternity raise questions regarding the reason and circumstances of the arrest.

The case lies at the juncture of law, politics, and public perception. Kejriwal has been a staunch critic of corruption and has been a grass-roots activist; therefore, he enjoys massive support from sections of the public that can easily view his arrest as a kind of reprisal for the political activities he is involved in. This narrative fuels the debate about the independence of investigating agencies and their accountability in high-profile cases.

Abhishek Singhvi’s defense shows how an accused’s rights are safeguarded by legal representation, and due process comes out as ensured thereby. Singhvi’s contention all boils down to questioning the grounds of Kejriwal’s arrest, saying that certain times the legal processes are swayed by factors extraneous to the pale of impartial justice.

Such cases, on the part of political bigwigs, developed a penchant for assuming broad political hues, ordinarily outside the legal purview of law. They attract popular attention, electoral losses or gains, and effect credibility flows to institutions. Kejriwal’s arrest thus sent ripples across political circles; many political stakeholders reacted to it and found the rule of law jeopardized.

The CBI, being the premier investigation wing, discharges its functions under the mandate of upholding justice and fighting corruption. Needless to say, all of its actions will come under scrutiny in cases involving public figures where transparency and accountability are at stake. Surely, the way the case against Kejriwal has been pursued must raise questions about transparency on grounds of arrest and adherence to procedural norms.

Critics go further to argue that politicized law enforcement undermines trust in institutions, consequently eroding democratic principles. Allegations of bias or undue influence in legal proceedings cast a shadow over the credibility of investigative agencies and the judicial system at large.

Kejriwal’s arrest has reopened questions about its broader implications for political dissent and freedom of expression. Where does one draw the line between legitimate dissent and punitive action in the case of Kejriwal, given that he is vocal about several policy and practice issues of the government?.

The contention of the legal defense that Kejriwal was arrested to “keep him behind bars by hook or crook” gives rise to a wider malaise in which the rule of law is constantly used and misused for political purposes. On the one hand, in democracies, the independence of the judiciary and law enforcement agencies from political interference is one thing; the rule of law and protection of individual rights are another.

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Kejriwal’s arrest—this strongest of moves against him—highlights varied strands in the public discourse pertaining to governance, accountability, and how state power is exercised. While his supporters cry hoarsely that his arrest is an attempt to gag dissent and undermine democratic values, the critics may argue that actions like arrests under the law are necessary to uphold integrity and accountability in public office.

The messaging of this case will engage further as the judicial process unwinds, so its implications on governance, judicial independence, and political dynamics in India remain didactic. The judgment may very well play a leading role in public discourse and justice perception by underscoring among those salient features through which democratic principles are upheld: transparency, fairness, and due process.

In sum, Abhishek Singhvi’s defense of Arvind Kejriwal points toward larger issues at the junction of law, politics, and public trust in India’s democratic institutions. It only shows how high-profile cases are shrouded in ambiguity and how this could have consequences for governance, accountability, and the rule of law in a vibrant democracy.

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