Today,  During the hearing to grant bail to Delhi Chief Minister Arvind Kejriwal, the bench emphasized that the Central Bureau of Investigation (CBI) must overcome the perception of being a "caged parrot.

The Aam Aadmi Party (AAP) chief was first arrested by the Enforcement Directorate on March 21 in connection with the Delhi excise policy case and subsequently by the Central Bureau of Investigation on June 26. Mr. Kejriwal's counsel, Abhishek Manu Singhvi, has consistently labeled these arrests as "insurance arrests," alleging that they were intended to keep him incarcerated.

Justice Surya Kant, one of the two judges on the bench, stated that there was "no impediment" to Mr. Kejriwal's arrest by the CBI. However, Justice Ujjal Bhuyan had a contrasting view.

"There is no impediment in arresting a person already in custody. We have noted that CBI in their application recorded reasons as to why they deemed (the arrest) necessary. There is no violation of Section 41A (3) of Code of Criminal Procedure," said Justice Kant.

Justice Ujjal Bhuyan, however, noted, "CBI did not feel the need to arrest him (Mr Kejriwal) even though he was interrogated in March 2023 and it was only after his ED arrest was stayed that CBI became active and sought custody of Mr Kejriwal, and felt no need of arrest for over 22 months. Such action by the CBI raises serious questions on the timing of the arrest and such an arrest by CBI was only to frustrate the bail granted in the ED case."

The judge then remarked that the CBI must demonstrate that it is not a "caged parrot" and that "Caesar's wife should be above suspicion," suggesting that the agency must ensure it avoids any appearance of impropriety.

"CBI must be seen above board and every effort must be made so that arrest is not in a high-handed manner. In a country, perception matters and CBI must dispel the notion of being a caged parrot and must show it is an uncaged parrot. CBI should be like Caesar's wife, above suspicion," Justice Bhuyan said.

The phrase "caged parrot" first became associated with the CBI in 2013, when the Supreme Court criticized the agency for alleged interference in its investigation into the allocation of coal licenses to private companies, known as the 'Coalgate' scam. A three-judge bench led by Justice RM Lodha described the CBI as a "caged parrot speaking in its master's voice."

The bench observed that key elements of the report on the alleged scam had been altered at the behest of government officials. It also directed the government to ensure the CBI's impartiality and independence, warning that the Court would intervene if these conditions were not met.

In addition to becoming a significant burden for the CBI, the observations also provided the opposition with ammunition to criticize the then-UPA government led by Prime Minister Manmohan Singh.

Leading the charge, the BJP had said, "The party's concerns have been vindicated by the Supreme Court which recently observed that 'the heart of the CBI status report has been changed' and 'the CBI is caged parrot'. If the CBI status report was shared with a Joint Secretary (PMO), who had no business to see it, did that happen without the knowledge of the Prime Minister?"

Since the BJP came to power in 2014, Congress and other opposition groups have consistently accused the party of misusing agencies such as the CBI, Enforcement Directorate, and Income Tax department. These allegations have intensified following the arrests of prominent leaders, including Congress' P. Chidambaram and D.K. Shivakumar, Jharkhand Chief Minister Hemant Soren of the Jharkhand Mukti Morcha, Bharat Rashtra Samithi's K. Kavitha, and AAP leaders Arvind Kejriwal, Manish Sisodia, and Sanjay Singh, among others.

Opposition parties have also claimed that the BJP has been leveraging the threat of investigations by these agencies to either silence dissenting leaders or coerce them into joining the ruling party.