perception of investigation is important - aravind kejriwal vs cbi
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.3816 OF 2024
@ SPECIAL LEAVE PETITION (CRIMINAL) NO. 11023 OF 2024
ARVIND KEJRIWAL APPELLANT(S)
VERSUS
CENTRAL BUREAU OF INVESTIGATION RESPONDENT(S)
WITH
CRIMINAL APPEAL NO.3817 OF 2024
@ SPECIAL LEAVE PETITION (CRIMINAL) No. 10991 OF 2024
J U D G M E N T
UJJAL BHUYAN, J.
31. When the CBI did not feel the necessity to arrest the
appellant for 22 long months, I fail to understand the great hurry
and urgency on the part of the CBI to arrest the appellant when
he was on the cusp of release in the ED case. The substantive
charge against the appellant is under Section 477A IPC which
deals with falsification of accounts and if convicted carries a
punishment of imprisonment for a term which may extend to
seven years or with fine or with both. The appellant has also
been charged under Section 7 of the PC Act which deals with
offence relating to a public servant being bribed. Here the
punishment, if convicted, is imprisonment for a term which shall
not be less than three years but which may extend to seven years
and shall also be liable to fine. Without entering into the
semantics of applicability of Section 41(1)(b)(ii) and Section 41A
Cr.P.C. as explained by this Court in Arnesh Kumar (supra),
timing of the arrest of the appellant by the CBI is quite suspect.
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32. 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 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. This Court has time and again
emphasized that fair investigation is a fundamental right of an
accused person under Articles 20 and 21 of the Constitution of
India. Investigation must not only be fair but must be 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 highhanded and biased manner.
33. In a functional democracy governed by the rule of law,
perception matters. Like Caesars 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.