The Supreme Court criticized the CBI's argument against granting bail to Arvind Kejriwal by saying "Don't Say..."

The Supreme Court stated on Thursday that granting bail to Arvind Kejriwal would not "demoralize" the Delhi High Court, which had earlier denied the Chief Minister relief over his arrest by the CBI in the alleged liquor policy scam. Justice Ujjal Bhuyan and Justice Surya Kant waved away the federal agency's argument against releasing the AAP leader, saying, "Don't say that."

The CBI argued that Arvind Kejriwal had incorrectly bypassed the lower court, Delhi's Rouse Avenue Court, and directly approached the High Court for bail. The Additional Solicitor General SV Raju, representing the CBI, argued that Mr. Kejriwal should have approached the Sessions Court first. The CBI stated that releasing Mr. Kejriwal now would demotivate the High Court.

AAP MP Raghav Chadha took a sarcastic swipe at the CBI's argument, stating, "If the Sun rises from the East, it will demoralize the West."

In early August, the High Court rejected Mr. Kejriwal's bail plea, directing him to approach the sessions court for relief. The AAP, however, opted to move the country's top court, citing its previous observation in the release of ex-Deputy Chief Minister Manish Sisodia, which stated that "sending the appellant back to the trial court would be like playing a game of snakes and ladders."

The top court has reserved its verdict on Mr. Kejriwal's bail plea. The court also reserved its verdict on a separate plea challenging the CBI's arrest of the Chief Minister.

Arvind Kejriwal was arrested by the CBI in June and was taken into custody at the Rouse Avenue Court shortly after securing bail for his arrest by the Enforcement Directorate in the same case.

Senior advocate Abhishek Singhvi, appearing for Mr. Kejriwal, criticized the CBI's arrest as an "insurance" to keep the AAP leader in jail for as long as possible, especially with the Delhi Assembly election due early next year. Mr. Singhvi pointed out that Arvind Kejriwal had received bail in the ED case, satisfying the 'triple test' legal principle for release.

It was also pointed out that all other accused in the alleged liquor policy scam - Mr. Sisodia and AAP Rajya Sabha MP Sanjay Singh, as well as Bharat Rashtra Samithi leader K Kavitha - had been granted bail.

Mr. Singhvi argued that prolonged incarceration cannot be justified, referring to statements by the top court in releasing Mr. Sisodia. He reiterated that the 'triple test' was satisfied, and in the Manish Sisodia judgment, the court had held that in this particular case of excise policy, the trial was impossible to finish.

Arvind Kejriwal has been in jail since late-March. He received temporary reprieve in June, before Delhi voted in the general election, but had to return to Tihar Jail after the results were out.

The ED and CBI contend that Arvind Kejriwal played a key role in the formation of a new liquor excise policy for Delhi, which allowed him to sell wholesale licenses and receive kickbacks, around ₹100 crore of which, the authorities claim, came from a 'South group' led by the BRS' K Kavitha. This money, the agencies allege, was used to fund the AAP's election expenses in Goa.

Mr. Kejriwal, the AAP, and other accused have denied the charge, counter-accusing rivals Bharatiya Janata Party, to whose government at the center the agencies answer, of mounting a campaign against opposition politicians and parties, particularly before elections.