"It is imperative that the CBI "dispels the notion of being a caged parrot", rather the perception should be that of an "uncaged parrot"," said Justice Bhuyan, who authored a separate but concurring opinion in the judgement granting bail to Kejriwal.
"CBI is a premier investigating agency of the country. It is in the public interest that the 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 the investigation was not 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... Not long ago, this court 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 bench said.
The bench, also comprised of Justice Surya Kant, granted bail to Kejriwal in the CBI case. While Justice Kant upheld the legality of the CBI's arrest, Justice Bhuyan dissented on the issue.
Justice Bhuyan questioned the necessity and timing of Kejriwal's arrest. He said that Kejriwal's further detention is "wholly untenable," especially considering he has already been granted bail under the more stringent provisions of the money laundering case.
Justice Bhuyan observed that the CBI arrest was seemingly done to frustrate the bail in the ED case.
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