Arvind Kejriwal walks free with strict restrictions – Supreme Court’s explosive bail order in excise scam case

Delhi Chief Minister Arvind Kejriwal has been granted bail by the Supreme Court in a high-profile excise policy corruption case, a decision that has sent ripples through the Indian political landscape. The Supreme Court, while allowing Kejriwal temporary freedom after months of incarceration, imposed stringent conditions that restrict his official duties. Kejriwal had been jailed since April 2024, following his arrest by the Central Bureau of Investigation for alleged irregularities in the now-defunct Delhi excise policy for 2021-22.

Kejriwal’s bail: Conditions that limit his political power

The Supreme Court’s decision on Kejriwal’s bail comes with several conditions that significantly curtail his political activities. Among these is a stipulation that Kejriwal cannot enter the Chief Minister’s office or the Delhi Secretariat. He is also prohibited from signing any official files, effectively stripping him of his executive authority while he is out on bail. Additionally, he is barred from making any public comments about the ongoing case. The court underscored that his release is contingent upon a bail bond of Rs 10 lakh and his assurance to remain available for trial proceedings unless explicitly exempted by the court. This decision follows a previous grant of bail in a related case filed by the Enforcement Directorate, which is also probing the alleged liquor policy scam.

Allegations in the excise policy case

The excise policy case revolves around accusations that Kejriwal and several other Aam Aadmi Party leaders deliberately created loopholes in the Delhi excise policy for 2021-22 to enable kickbacks from liquor lobbyists. The policy, now scrapped, was allegedly designed to benefit specific private entities. Investigative agencies, including the CBI and the Enforcement Directorate, claim that the funds obtained from this scheme were diverted to finance the Aam Aadmi Party’s election campaigns, particularly in Goa. These allegations have sparked a political storm, with opposition parties accusing Kejriwal of misusing his position for personal and party gains.

Legal implications and political impact

The Supreme Court’s ruling is a temporary respite for Kejriwal, but it comes with significant legal and political implications. By restricting his access to his office and the ability to sign files, the court has effectively limited his capacity to govern Delhi. Political analysts suggest that this move could weaken the Aam Aadmi Party’s standing in Delhi and beyond. As Kejriwal is a prominent opposition figure and a vocal critic of Prime Minister Narendra Modi’s government, this case could have ramifications for opposition unity and future elections.

Kejriwal has consistently denied any wrongdoing, describing the charges as politically motivated. Aam Aadmi Party leaders have accused the Bharatiya Janata Party-led central government of using investigative agencies as political tools to target opposition leaders. They argue that the timing of the arrest, just as Kejriwal was gaining ground in various state elections, is suspect.

Expert opinion: Political weaponization of investigative agencies

Legal experts and political commentators have weighed in on the implications of this case, arguing that the increasing use of investigative agencies in political battles is concerning. Constitutional experts noted that while the judiciary has a duty to uphold the rule of law, there is a growing perception that investigative agencies are being weaponised for political purposes. The judiciary must ensure that legal procedures are not misused to settle political scores. This sentiment echoes a broader concern in India about the independence of institutions in a politically charged environment.

The future of the excise policy case

As the case moves forward, Kejriwal’s legal team is expected to challenge the validity of the charges and the evidence presented by the CBI and the Enforcement Directorate. Meanwhile, the Aam Aadmi Party must strategise on how to maintain governance in Delhi under the shadow of these legal battles and restrictions on its leader. This case serves as a litmus test for India’s democratic institutions and the balance of power between the state and central governments.

The excise policy case is far from over, and Kejriwal’s political career remains on uncertain ground. However, the Supreme Court’s decision to grant him bail—albeit with strict conditions—provides him with a temporary reprieve and a chance to fight the charges without the constraints of jail.