CBI arrest of Arvind Kejriwal was to frustrate bail in ED case : Justice Ujjal Bhuyan bizarre acts of investigation continue unabated

CBI arrest of Arvind Kejriwal was to frustrate bail in ED case : Justice Ujjal Bhuyan bizarre acts of investigation continue unabated

The Supreme Court has now reported a recent significant legal development in which Justice Ujjal Bhuyan said that the arrest of Delhi Chief Minister Arvind Kejriwal by the Central Bureau of Investigation was mainly intended to thwart his probable bail in the connected case that had been investigated by the Enforcement Directorate. The observation came when the court was hearing a petition filed by Kejriwal questioning the validity of his arrest as part of an ongoing investigation in which allegations of corruption and money laundering had surfaced.Arvind Kejriwal has faced relentless raids and scrutiny by CBI and ED owing to charges of financial misappropriation pertaining to different government schemes and contracts in Delhi. The CBI arrested him for corruption while ED launched a parallel probe for alleged money laundering under the PMLA. After his arrest, Kejriwal's counsel moved a bail plea arguing that he was being politically harassed to avoid relief to him in the ED case. Observation of SC Hearing the matter he had some strong observations to make regarding the nature of the arrest. He had commented that the timing and circumstances in which Kejriwal was detained seemed a tactical maneuver by the CBI to thwart Kejriwal's bail in the ED case. The court told him that not only did it amount to impropriety, but it was also against the very concept of justice to arrest an individual in one case just to thwart his bail in another still-ongoing investigation. Further, Justice Bhuyan explained that such arrests may amount to an abuse of the process of law. Emphasizing that courts cannot be oblivious to such steps taken by an investigating agency to frustrate the acquittal of bail by an accused in related cases, Justice Bhuyan explained that the courts have to be vigilant. In Kejriwal's case, the court said the action of the CBI seemed an attempt to thwart rather than a genuine step in aid of law enforcement. Observations by the Supreme Court carry great conviction because they postulate that criminal investigations are always conducted in a fair manner with the requirements of due process. It is the indication of the court that there are police who arrest people and must operate within the four corners of the law, so as not to exert undue pressure on the judicial system handling allied cases. This view appears relevant in situations when important political personalities become involved.

Find Lawyers In Your City

Connect with Best Lawyers at your location