Supreme Court reserves ruling on Arvind Kejriwal's bail plea in Delhi liquor policy case

The matter was being heard by a bench of Justices Surya Kant and Ujjal Bhuyan.

"If  the top court grants bail to Arvind Kejriwal, it will demoralise Delhi High Court," ASG S V Raju said, reported Moneycontrol.

Kejriwal's counsel Abhishek Manu Singhvi told the apex court that Kejriwal cannot be a "flight risk" since he is a constitutional functionary.

"Triple test is based on presumption of innocence. Ultimate object is to secure presence. You should not be a flight risk. A man who is a constitutional functionary cannot be a flight risk," he told the court, according to Moneycontrol.

The triple test requires the court to be assured that releasing the accused will not lead to a flight risk, tampering with evidence, or a lack of cooperation with ongoing investigations.

Singhvi contended that the CBI arrested Kejriwal on June 26 despite no arrests having been made in two years, calling it an "insurance arrest."

Kejriwal challenged the denial of bail and his arrest by the CBI in two separate petitions to the Supreme Court. On August 23, the court allowed the CBI to submit its counter affidavit and granted Kejriwal two days to file a rejoinder. The Delhi High Court had upheld his arrest on August 5.

Earlier, on July 12, the Supreme Court had granted bail to Kejriwal in connection with an Enforcement Directorate case related to a scam.

Kejriwal was arrested on March 21 by the Enforcement Directorate (ED) for his alleged involvement in the Delhi excise policy case, becoming the first sitting chief minister in India to be imprisoned.

He was granted temporary bail in May due to the Lok Sabha elections.

On August 9, the Supreme Court granted bail to former Delhi Deputy Chief Minister Manish Sisodia in the liquor policy case.