CM Kejriwal had filed two separate pleas before the top court – one challenging the legality of his arrest by CBI and a second plea seeking bail. However, despite granting bail unanimously after noting the trial of the case was unlikely to conclude in the near future, the Bench of Justices Surya Kant and Ujjal Bhuyan effectively contrasted on the legality of arrest of CM Kejriwal by CBI.

Justice Kant held that “it was valid and in compliance with relevant procedural laws and there was no violation of Section 41(A)(3) of Code of Criminal Procedure,” The Court further stated that the investigating agency stands absolved from giving any reason for arrest when a Magistrate has issued an order which happened in instant case.

However, Justice Bhuyan differed with respect to the necessity and timing of the arrest of Kejriwal. It was held that CBI did not feel the need to arrest him though he was interrogated in March 2023 and it was only after his ED arrest was stayed, CBI became active and sought custody of Kejriwal and thus no need of arrest for over 22 months. Such action by CBI raises serious question on the timing of the arrest and such an arrest by CBI was only to frustrate the bail granted in ED case,” Justice Bhuyan said. The judge went on to say that the CBI must dispel the notion that it is the Central government’s “caged parrot“. He further held that “It will be travesty of justice to keep Kejriwal incarcerated when he is on bail in ED case. Exercise of power of arrest must be used sparingly…law cannot be used for targeted harassment.”

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