Delhi Excise policy case: SC rejects CM Arvind Kejriwal's bail plea, next hearing on August 23

The Supreme Court, on Wednesday, i.e., August 14, deferred Delhi Chief Minister and Aam Aadmi Party (AAP) Supremo Arvind Kejriwal's bail plea to August 23 in the alleged Excise Policy Scam case. 

The next hearing is scheduled for August 23. 

A bench of Justices Surya Kant and Ujjal Bhuyan heard the bail plea of the Aam Aadmi Party convenor.

Delhi CM Kejriwal had filed a bail plea against his arrest in the alleged Excise Policy Scam case by the Central Bureau of Investigation (CBI). 

Earlier, the Delhi High Court had on August 5 upheld the arrest of the Delhi chief minister as legal, and stated there was no 'malice' in the acts of the CBI which demonstrated how the AAP supremo could influence witnesses who could muster the courage to depose only after his arrest.

The high court had asked Arvind Kejriwal to move the trial court for regular bail in the CBI case, in which the latter was arrested from Tihar Jail, where he was lodged in judicial custody in a connected money laundering case filed by the Enforcement Directorate (ED).

While rejecting the bail plea, the High Court also remarked that the prosecution has explained that, respecting his position as Chief Minister of NCT of Delhi, the police treaded with trepidation and caution and proceeded to collect the evidence from other persons suspected to be the accused. Consequently, extensive investigations were carried out across India to ascertain the entire web of conspiracy involving numerous persons.

Noting that Kejriwal is not an ordinary citizen but a distinguished recipient of the Magsaysay Award and the convenor of the Aam Aadmi Party, the High Court stated, "The control and the influence which he has on the witnesses is prima facie borne out from the fact that these witnesses could muster the courage to be a witness only after the arrest of the petitioner, as highlighted by the special prosecutor.

"Also, it establishes that the loop of evidence against the petitioner got closed after the collection of relevant evidence after his arrest. No malice whatsoever can be gathered from the acts of the respondent (CBI)," added the High court. 

Delhi CM Arvind Kejriwal, in his bail plea, had stated that that he is the National Convenor of a National Political Party (Aam Aadmi Party) and the sitting Chief Minister of Delhi, who is being subjected to "gross persecution and harassment for wholly malafide and extraneous considerations."

The Delhi High Court also remarked that investigating agency has further explained that it is only after sufficient material was collected against the petitioner over a period of one and a half years, that they sought the sanction for prosecution of the petitioner, which was granted on April 23, 2024.

The AAP Chief and Delhi Chief Minister was arrested by the Enforcement Directorate (ED) in March this year.

However, he was granted bail by the trial court in the money laundering case on June 20. The Delhi HC, meanwhile, stayed the trail court's order. Later on July 12, the apex court granted the Delhi Chief Minister bail in the money laundering case.

The alleged Excise Policy Scam case pertains to the now-scrapped excise policy announced by the Delhi government in November 2021. According to the CBI chargesheet, the AAP extended 'unfair benefits' to the alcohol vendors in Delhi exchange for monetary benefits which was later used by the party in Punjab and Goa assembly polls.