The Aam Aadmi Party leader can now leave jail – after nearly six months without a trial – since he already has bail in the case filed by the Enforcement Directorate. He cannot, however, go to his office or the Delhi Secretariat, or sign files without Lieutenant Governor VK Saxena’s consent.
On the matter of bail, to Kejriwal, the judges were united, noting “completion of trial unlikely in immediate future”. The court then ruled as it had for others in this case, including ex-Deputy Chief Minister Manish Sisodia and Telangana MLC K Kavitha. Both were
released on similar grounds.
And, as it had for Mr Sisodia, the court said it was a “travesty of justice” to keep Kejriwal in jail without notice of a trial, particularly since he had already been granted bail in the case filed by the ED, in which he faced charges under the stringent Prevention of
Money Laundering Act.
“I fail to understand great urgency on part of CBI to arrest the appellant when he was on cusp of release in the ED case. Additional Solicitor General SV) Raju appearing for the CBI) vehemently argued appellant has to first approach trial court… this can’t be accepted,” Justice Bhuyan said.
In strong comments he also underlined the ‘bail is rule, jail exception’ legal principle that featured in Mr Sisodia and Ms Kavitha’s release. “Further detention by CBI under same predicate offense is untenable. There is the presumption of innocence. Bail is the rule and jail an exception.”
