On July 17, the Delhi High Court reserved its order on Chief Minister Arvind Kejriwal's petition challenging his arrest by the Central Bureau of Investigation (CBI) in the Excise Policy case. Meanwhile, the court also reserved Kejriwal's interim bail order.
The court set a date for regular bail hearing to July 29.
During the hearing, Kejriwal's lawyer and senior counsel Abhishek Manu Singhvi argued that the CBI arrest was an "insurance arrest" and was made after it was discovered that the Chief Minister was out on bail in an Enforcement Directorate (ED) case. He would be released.
Singhvi had requested the court to grant him interim bail as there are three bail orders in his favour in the ED case. He argued that while the grounds for arrest may be different in the CBI and ED cases, this is a case relating to excise policy and Kejriwal should be granted anticipatory bail.
He said: "There are three bail orders in my favour based on very stringent provisions (of the Prevention of Money Laundering Act, 2002). First is the interim bail order issued by the Supreme Court for the campaign. Second is the recent interim bail order by the Supreme Court. One is the trial court order which has been set aside by the Supreme Court."
According to Singhvi, if bail can be granted based on the stringent provisions of the PMLA, then bail can be granted in the CBI case as well. Singhvi argued that the CBI had not named Kejriwal in the first FIR filed in 2022 and he was taken into custody in August 2024, almost two years later. Explaining why his arrest by the CBI was illegal, Singhvi said Kejriwal was already in custody at the time of his arrest by the CBI and there was no risk of him tampering with evidence or witnesses, posing any danger or posing a flight risk. Hence, he argued that the court could not have detained him. Singhvi argued that Kejriwal is entitled to anticipatory bail as he has satisfied the "triple test" for grant of bail. The senior lawyer said Kejriwal is eligible for interim bail as he is not a flight risk, has not tampered with evidence and is cooperating with the investigation. CBI counsel DP Singh countered Singh's arguments and argued that Kejriwal cannot decide how the investigation against him should be conducted. He said: "As far as the accused are concerned, they have all the special rights and privileges. The investigating agency has much lesser privileges. My privilege is to decide what witnesses and evidence I need and to collect them all. What I rely on I will submit as authoritative documents and what I do not rely on will be placed before the court for the scrutiny of the accused." Two orders were issued for election purposes, but the second was set aside by the Supreme Court and the third was not issued on merits. Singh pointed out that all the key accused in the case, including K. Kavitha and Manish Sisodia, have yet to be granted bail and therefore Kejriwal should not be granted bail either.
At the time of his arrest, Singh alleged that the CBI had taken the decision to arrest him after consulting several officials. "The court is aware of the timing but says there is sufficient ground and justification for the arrest," he said. "The court has allowed custodial questioning. We have passed the bar exam."
The CBI arrested Kejriwal, already lodged in Tihar Jail, on June 26 and charged him with irregularities in Delhi's excise policy for 2021-2022, which is said to benefit a certain section of liquor traders.
Kejriwal sought restraint but the authorities did not respond, he said.
Addressing the court on June 26, Kejriwal said he and his party colleagues, including former deputy Manish Sisodia, were innocent. The excise policy was aimed at increasing revenue, shortening queues at liquor shops and ensuring fair distribution. The chief minister said he had only said that privatisation was Sisodia's idea.
Kejriwal also accused government agencies of constructing a false narrative through media reports blaming Sisodia for the now-repealed excise policy. The CBI rejected the allegations and said it had not shared details with the media.
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July 17, 2024 at 04:56PM
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