Arvind Kejriwal may not be out of Tihar jail even if SC grants him bail today. Here’s why

The Supreme Court is set to hear Delhi Chief Minister Arvind Kejriwal’s plea today on June 26. The plea challenges the Delhi High Court’s decision to stay the earlier bail granted to Aam Aadmi Party chief by the trial court in connection with the Delhi liquor policy case.

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The case is under investigation by the Enforcement Directorate (ED). Even if Kejriwal is granted bail by the top court it does not necessarily mean that he will be released from Tihar jail anytime soon.

Why? Because, the Central Bureau of Investigation (CBI) on June 25 interrogated Kejriwal in Tihar Jail and recorded his statements related to the case. The CBI has also received approval to present Kejriwal before the trial court on June 26.

CBI seeks Kejriwal's Custody

The CBI may arrest Kejriwal and seek his custody, according to a report by India Today quoting sources. The CBI has moved an application before a special court seeking a production warrant for Arvind Kejriwal, which was later issued by the court, the India Today report said.

The CBI will produce the Delhi Chief Minister before a trial court before the Supreme Court hearing begins.

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Since Arvind Kejriwal is already in judicial custody in an ED, his formal arrest by any other agency has to be done before a court. And if the CBI gets the custody and arrests Kejriwal, the Delhi Chief Minister won't be able to walk out of Tihar jail today even if the Supreme Court grants him bail today.

Kerjiwal's Plea in Supreme Court

A Delhi court on June 20 granted bail to Arvind Kejriwal, arrested by ED on March 21. The court ordered Kejriwal’s release on a personal bond of ₹1 lakh. However, the ED moved the Delhi High Court challenging the bail order. The next day, the Delhi High Court paused Arvind Kejriwal's bail and reserved its order for June 25. Kejriwal then moved Supreme Court against HC’s pause on his release.

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The Supreme Court refused to pass an immediate order and advised Arvind Kejriwal to wait for the High Court's decision. The HC pronounced its order on June 25, saying that the trial court did not lay out the conditions for Arvind Kejriwal's release under the Prevention of Money Laundering Act (PMLA), under which the Delhi Chief Minister was charged.

AAP Cries Foul

The Aam Aadmi Party reacted to the development and accused the CBI of "conspiring' to register a ‘fake case’ against Kejriwal.

“Just when there was a chance that CM Arvind Kejriwal was likely to get bail from the Supreme Court, the BJP-led Centre has hatched a conspiracy with the CBI… to file a false case and get him placed under arrest… The entire country is witnessing this crime, this atrocity by the Centre,” AAP Rajya Sabha MP Sanjay Singh alleged in a video message.