The Delhi High Court Today (July 2nd) issued notice to the Central Bureau of Investigation (CBI) on a plea filed by Delhi Chief Minister Arvind Kejriwal challenging his arrest by the central agency in connection with the Delhi excise policy case.
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NEW DELHI: The Delhi High Court on Tuesday issued a notice to the Central Bureau of Investigation (CBI) in response to a plea by Delhi Chief Minister Arvind Kejriwal, who is challenging his arrest by the central agency in connection with the Delhi excise policy case.
Justice Neena Bansal Krishna has directed the CBI to file its response and has scheduled the next hearing for July 17.
Kejriwal was arrested by the CBI on June 26 while he was already in judicial custody concerning a money laundering case registered by the Enforcement Directorate (ED). The trial court had granted him bail in the ED case on June 20, but this decision was stayed by the Delhi High Court on June 25.
Subsequently, the CBI arrested Kejriwal on June 26 and he was remanded to CBI custody until June 29. On June 29, after the CBI did not seek an extension, he was sent to judicial custody until July 12.
In his plea before the High Court, Kejriwal argued that his arrest was a clear violation of the statutory mandates under Sections 41 and 60A of the Code of Criminal Procedure (CrPC).
“That in the present case despite the offence being punishable of 7 years, requirement of Section 41A & 60A notice was not adhered by the Investigating officer and hence the arrest of the Petitioner without the compliance of the requirement as mandated under law is illegal and non-est in law,”
-the plea stated.
Kejriwal is seeking his release from custody and the quashing of the entire CBI proceedings against him. Senior Advocate Abhishek Manu Singhvi, representing Kejriwal, argued that the CBI had registered the FIR in August 2022 but delayed the arrest until nearly two years later.
“He (Kejriwal) was summoned in April 2023 and questioned for 9 hours. From April till now nothing is done. On 2022 FIR, he is arrested now. There can’t be a necessity, urgency of arrest,”
-Singhvi said.
Singhvi also noted that Kejriwal is already under judicial custody in the ED case, negating any fear of tampering with evidence or witnesses, or posing any danger or flight risk.
“The arrest memo must reflect some reasons. Reasons like terrorist or that he will interfere does not even arise in his case. He was already in judicial custody,”
-it was contended.
BACKGROUND
Chief Minister Arvind Kejriwal took legal action against his arrest by the Central Bureau of Investigation (CBI) by filing a petition in the Delhi High Court on Monday. This move follows a Delhi court’s decision on June 26, which upheld the legality of his arrest and mandated a three-day CBI custody for Kejriwal in connection with the excise policy case.
On Saturday, the Aam Aadmi Party (AAP) national convenor was remanded to judicial custody until July 12 in a corruption case related to an alleged scam. The court stated that Kejriwal’s name emerged as one of the “main conspirators” and noted that the ongoing investigation might require further custodial interrogation.
Kejriwal, who was presented in court by the CBI after his three-day custodial interrogation, faced a request from the central agency for 14-day judicial custody. The CBI alleged that Kejriwal did not cooperate with the investigation, providing “evasive replies deliberately.” The agency also expressed concerns in its remand plea that he might
“influence witnesses and evidence already exposed before him during the custodial interrogation and also the potential witnesses who are yet to be examined.”
Kejriwal, 55, was arrested by the CBI on June 26 while he was already in judicial custody in Tihar Jail for a related money laundering case filed by the Enforcement Directorate.
Special Judge Sunena Sharma noted,
“Considering the fact that the conspiracy alleged against the accused (Kejriwal) involves a large number of persons who were involved in the formulation and implementation of excise policy and also the persons who acted as facilitators in the use of ill-gotten money, I find that there exist sufficient grounds for remanding the accused to judicial custody.”
The court highlighted evidence indicating that Vijay Nair, a close associate of Kejriwal and media-in-charge of the Aam Aadmi Party, had contacted various liquor manufacturers and traders, demanding undue gratification in return for incorporating favorable provisions in the 2021-22 excise policy.
Additionally, the court noted that Kejriwal’s name surfaced as one of the “main conspirators of the criminal conspiracy” under the Prevention of Corruption Act and Indian Penal Code.
Click Here to Read Previous Reports on Arvind Kejriwal
Click Here to Read Previous Reports of Delhi Excise Policy Scam
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