In Support of Restraint and Control - A Good Jail Time

Scene 1: 

Howdy everyone. One of the biggest questions is how can we operate continuously forever without any pause or break. Are you aware of such a person heralding a huge movement by churning every day. How can such a person exist and how bad it is to see the sorry state of affairs in front of our eyes. The work has crossed all limits of human acceptance, endurance and staring at relegation to pathetic forms. It is not difficult to divulge from the fact that we are all under immense pressure to look at the turn of events before our eyes and our inabilities to make amends to it. Can the person escape from this series of chain events and liberate himself. Can anyone do any lasting good even if it is camouflaged as bad. Can he himself do any good to self by changing routines from present-day landscape. Let us leave it at that and look at scene 2. 

Scene 2: 

Arvind Kejriwal, the chief minister of Delhi was recently arrested in the Delhi excise policy case. It marks the first time a sitting Chief Minister (CM) in India has been detained by law enforcement. This development is significant not only because of its legal implications but also due to its political consequences. Historically, some CMs have faced investigations or imprisonment after their tenure ended, but the arrest of a sitting CM is unprecedented. In essence, a chief Minister of an Indian state, the most powerful person in a state has been detained and put behind bars for the first time in Indian independent history. This is more significant coming from the Indian capital territory. How is this even possible and why is the charismatic leader of a novel political party which was in power in two important states imprisoned. Is this act done out of high handedness and elicit condemnation. Is there any democracy in the country and is the country under autocratic regime. When the Chief Minister of a state is not immune from center-induced interrogative agencies, then what about a common man. Is there any respect to the voter judgement for vesting power in a particularly leader and watch it take back by a seemingly higher authority. How uncommon can it get to arrest a nation’s capital Chief Minister which can become a microcosmic representation of every common man in the country – face jail time as a reward of excellent work. 

To go into specifics, Arvind Kejriwal, the leader of the Aam Aadmi Party (AAP), was arrested by the Enforcement Directorate (ED) under the Prevention of Money Laundering Act (PMLA). He has been arrested on March 21, 2024 and after serving more than five months in prison, granted a bail by the Supreme Court on September 13, 2024. The arrest of Delhi Chief Minister Arvind Kejriwal, along with other senior Aam Aadmi Party (AAP) leaders, is tied to the alleged corruption in the Delhi excise policy case. This controversial case revolves around a liquor policy introduced by the Delhi government in November 2021. The policy sought to liberalize and privatize liquor sales but quickly came under scrutiny when allegations emerged that it was designed to benefit select private players, leading to significant financial losses for the state. 

In July 2022, Delhi’s Chief Secretary flagged irregularities in the policy to the Lieutenant Governor, prompting investigations by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED). These agencies claim that AAP leaders, including then-Deputy CM Manish Sisodia, facilitated cartel formation and received kickbacks in exchange for preferential licenses and other advantages. The funds allegedly generated from these activities were reportedly used in election campaigns in states like Punjab and Goa. The investigation identified several liquor business owners who benefited from the policy, which allowed them a fixed 12% profit margin in return for paying 6% kickbacks. Multiple AAP leaders and bureaucrats are being investigated for their roles in approving the policy and distributing licenses under it. The controversy began with the Delhi government’s introduction of a new excise policy in November 2021, aimed at modernizing the alcohol retail sector. However, within months, accusations of financial misconduct emerged. 

The investigation, which was later taken over by the Enforcement Directorate (ED), revealed that the policy contained intentional loopholes. These allegedly allowed select private businesses to gain disproportionate profits in return for bribes and political donations. A significant amount of the money generated through these activities was reportedly funneled into AAP’s campaigns for state elections in other states. The Enforcement Directorate (ED) claims that Kejriwal personally supervised parts of the alleged scam by engaging with other accused individuals. Kejriwal allegedly coordinated meetings between top liquor businessmen and AAP members, facilitating cartel arrangements and favorable business deals. He reportedly ignored multiple summonses from the ED between October 2023 and March 2024, which led to his arrest after his request for legal protection was denied. 

The former Deputy CM, Manish Sisodia was a central figure in drafting and implementing the excise policy. According to the investigation, he allegedly used the policy to favor certain private liquor businesses, which resulted in large kickbacks. The ED and CBI allege that Sisodia’s actions led to losses exceeding ₹580 crores (about $70 million) to the state exchequer. Sisodia was arrested in March 2023 after being named in the First Information Report (FIR) filed by the CBI, which accused him and other AAP leaders of fraudulently benefiting from the policy. 

Any wrong doing from any person in power is highly condemnable, the manner in which a powerful figure of Indian polity has been put behind bars cannot be disregarded. The arrest of Delhi Chief Minister Arvind Kejriwal in connection with the excise policy case raises serious questions about the fairness and proportionality of the action. One of the bedrocks of the legal system is the principle that an accused person is presumed innocent until proven guilty. As of now, Kejriwal has not been convicted of any wrongdoing. Investigative agencies, including the Enforcement Directorate (ED), have relied heavily on allegations, and arresting a sitting CM without conclusive evidence sets a dangerous precedent for democracy. Jailing a political leader before the completion of a fair trial undermines the principle of due process. 

Kejriwal’s supporters argue that his arrest is part of a broader pattern where central agencies, such as the ED and CBI, have been increasingly used to target opposition leaders across India. The Delhi government, under Kejriwal, has been a strong critic of the ruling Bharatiya Janata Party (BJP). Several opposition leaders from the INDIA bloc have condemned his arrest, calling it an attempt to weaken political rivals through intimidation rather than democratic means. Further, it has never ever been done in the history of India. What happens to the rule in Nation’s capital. What happens to welfare measures, what happens to tremendous good work under their watch and what happens to establishing Delhi as a model territory for everyone to emulate.  

Evidence of political bias in such investigations has also raised concerns that Kejriwal’s arrest may not be solely motivated by justice but by political expediency. Targeting the CM of a state government through federal investigative agencies could disrupt the balance between state and central governance. Arvind Kejriwal is the democratically elected head of the Delhi government, and his arrest creates governance challenges. Delhi, as the national capital, has unique administrative needs, and Kejriwal’s absence could cause disruptions in the functioning of key departments. His administration has been responsible for initiatives in education, healthcare, and public services, which could be hampered by the instability created by such arrests. The arrest of a sitting CM could also discourage bureaucrats and public servants from taking bold decisions, fearing that any action might later be labeled as corruption and lead to arrest. 

Instead of arresting Kejriwal, legal avenues such as enhanced scrutiny, judicial monitoring of the investigation, or house arrest could have been explored to ensure both accountability and continuity of governance. Given the political sensitivity of the case and the high public interest involved, such alternatives would have struck a balance between legal accountability and public service delivery. 

On the other hand, we can also look at the reasons why the CM should be arrested. For every reason why he shouldn’t be put behind bars, there are as many reasons suggesting he needs to be jailed. The arrest is being justified as an important step in maintaining the rule of law, even at the highest levels of government. The agencies argue that allowing Kejriwal to remain free while his colleagues, including Manish Sisodia, are already in custody would imply selective application of the law. The principle of equality before the law requires that public officials, including Chief Ministers, be held accountable for their actions. 

The ED has cited Kejriwal’s refusal to respond adequately to several summonses as a reason for his arrest. His avoidance of questioning raised suspicions that he might interfere with the investigation or destroy evidence if left free. Legal experts supporting the investigation emphasize that non-cooperation by public officials is a serious offense, especially when corruption is involved. Investigators argue that the misuse of public office to gain illegal financial advantages for political purposes compromises the integrity of elections and democracy itself. Since Kejriwal is at the top of the party hierarchy, holding him accountable is seen as necessary. 

While Kejriwal has portrayed the arrest as politically motivated, his opponents argue that political office should not grant immunity from legal scrutiny. Holding leaders accountable sends a strong message about the consequences of corruption, reinforcing governance standards. Kejriwal’s arrest, supporters of the investigation claim, is essential to restoring public faith in institutions and ensuring transparency in governance. 

In any case, we can say with confidence that arresting Kejriwal is the correct step to have been taken by the center under the rule of BJP government. Even if it is seemingly nefarious, it will do a world of good to the message of anti-corruption across India. We need leaders who can take decisive action against any powerful force with the intention of doing them good. In other world, jail time is good for a movement to continue in layered, staggered approach against giving it all in one short burst. The orchestrators of the jail time to the Delhi leaders have seen a world of good in pursuing their cause than not. Mahatma Gandhi was jailed for more than 6.5 years out of his 40 years of freedom struggle by the British. That doesn’t mean he did something wrong and his arrest was wrong either. These oppositions have created a giant of a figure and everyone need that forces which bring the best out of you. Thus, we can say that giving jail time is the best possible choice made by the Indian government for the good of these leaders. 

Going back to the scene 1, can we also apply the same treatment to the person in question as a solution for his problems. Can the person self-sentence himself in confinement or any good force sentences him to prison time. In any way, we need this confinement or restraint, either partially or fully, to do the person and everyone a world of good. Let us hope it comes in best way possible at a best time possible to give a huge pause or break to the ultra-active actions being witnessed in present times.