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Synopsis

The Supreme Court has urged the CBI, a premier investigating agency of the country to seem to be above board.

"It is in public interest that CBI must not only be above board but must also seem to be so. Rule of law, which is a basic feature of our constitutional republic, mandates that investigation must be fair, transparent and judicious", Justice Ujjal Bhuyan has observed.

The top court's judge has further said investigation must not only be fair but must seem to be so. Every effort must be made to remove any perception that investigation was not carried out fairly and that the arrest was made in a high­-handed and biased manner, the court has said.

"In a functional democracy governed by the rule of law, perception matters. Like Caesar’s wife, an investigating agency must be above board. Not so long ago, this Court had castigated the CBI comparing it to a caged parrot. It is imperative that CBI dispel   the notion of it being a caged parrot. Rather, the perception should be that of an uncaged parrot", the judge has added.

These observations have been made by the judge in his separate view in the judgment granting bail to Delhi Chief Minister Arvind Kejriwal in the case registered by Central Bureau of Investigation relating to the liquor policy scam.

A week back, the Supreme Court had reserved its verdict in the petition filed by Delhi Chief Minister Arvind Kejriwal, who has challenged the Delhi High Court's dismissal of his petition against his arrest by the CBI in the liquor policy scam case.

Recently, the Chief Minister was granted interim bail in the Delhi liquor policy scam in the case by Enforcement Directorate noting that he had been incarcerated for over 90 days. The court said, "He is the Chief Minister of a state and the elected leader. Considering his right to life and liberty and the fact that he has been in jail for over 90 days, we are of the view that Kejriwal is entitled to be released on interim bail”.

The Delhi CM was arrested on March 21st this year by the ED and obtained Supreme Court bail for campaigning but faced challenges in subsequent appeals. After obtaining interim bail in the ED case on July 12, he continues to be in custody on account of his arrest by CBI.

The Rouse Avenue Court had authorized the CBI to question Chief Minister Arvind Kejriwal regarding the defunct liquor excise policy.

Case Title: Arvind Kejriwal vs. Central Bureau of Investigation

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