Observing that the arrest of Arvind Kejriwal by the CBI was unjustified, Supreme Court judge Justice Ujjal Bhuyan came down heavily on the probe agency stating that Kejriwal’s arrest was unjustified and aimed at frustrating the grant of bail to him in the ED case.
Justice Surya Kant did not find any illegality in the CBI arrest.
While questioning the necessity and timing of arrest, Justice Bhuyan said, “CBI’s appearance raises more questions than it answers. It appears that only after the trial court granted regular bail to the appellant in ED case, that CBI became active and sought custody. It didn’t feel need to arrest for over 22 months. Such action raises serious questions on arrest itself.”
“I am of the unhesitant view that the belated arrest of the appellant by the CBI is unjustified. When the appellant has been granted bail under the more stringent provisions of PMLA, further detention of the appellant by the CBI in respect of the same predicate offense has become wholly untenable,” Justice Bhuyan said.
Like Caesar’s wife, an investigating agency must be above board. Not long ago, this court has castigated the CBI comparing it to a caged parrot. It is imperative that CBI dispels the notion of it being a caged parrot. Rather, the perception should be that of an uncaged parrot
Justice Bhuyan
Justic Bhuyan also called on the agency to dispel any perception of bias and ensure that investigations are carried out fairly. “CBI is a premier investigating agency of the country. It is in public interest that CBI must not only be above board, but must also be seen to be so. Every effort must be made to remove any perception that investigation was carried out fairly and that the arrest was made in a high-handed and biased manner. In a functional democracy governed by the rule of law, perception matters. Like Caesar’s wife, an investigating agency must be above board. Not long ago, this court has castigated the CBI comparing it to a caged parrot. It is imperative that CBI dispels the notion of it being a caged parrot. Rather, the perception should be that of an uncaged parrot,” Justice Bhuyan observed.
‘Caged Parrot’: Supreme Court’s 2013 judgement
This is not the first time the Supreme Court has questioned the credibility of the CBI. In 2013, while examining an affidavit submitted by the CBI in the “Coalgate” scam case, a bench led by Justice R M Lodha had denounced the central agency as a “caged parrot”.
A bench led by justice R M Lodha had observed, “The CBI has become a caged parrot speaking in its master’s voice. The CBI has become the police force and is in the administrative control of the Central government. CBI investigations have to be independent.”
The court had also commented on the functioning of the investigating agency, stating, “It’s a sordid saga that there are many masters and one parrot.”
