In the case of Arvind Kejriwal vs. Central Bureau of Investigation (2024 INSC 687), the Supreme Court of India addressed the legality of Kejriwal’s arrest by the CBI and his subsequent request for bail. Kejriwal, a prominent political figure, was implicated in a case involving alleged irregularities in the framing and implementation of the Excise Policy for 2021-2022. The Supreme Court held that the CBI cannot justify the arrest and continued detention of an accused solely on the grounds that the accused is giving evasive replies during the investigation. The Court emphasized that an accused has the right to remain silent and cannot be compelled to make self-incriminating statements. This ruling underscores the importance of protecting the constitutional rights of the accused, particularly the right against self-incrimination under Article 20(3) of the Indian Constitution. It reinforces that the power to arrest must be exercised judiciously and not as a tool for coercion.
