Today(on 2nd July),Delhi Chief Minister Arvind Kejriwal’s lawyer informed the Delhi High Court that he will seek regular bail in the alleged excise scam corruption case. The court has instructed the CBI to respond to Kejriwal’s plea challenging his arrest in the graft-related case.
Thank you for reading this post, don't forget to subscribe!
DELHI: Delhi Chief Minister Arvind Kejriwal is set to move an application for regular bail in the ongoing corruption case related to the alleged excise scam. This development comes as Kejriwal’s lawyer informed the Delhi High Court on today(on 2nd July), seeking relief for the Aam Aadmi Party (AAP) leader who has been embroiled in this high-profile case.
High Court Notice to CBI
The Delhi High Court, presided over by Justice Neena Bansal Krishna, issued a notice to the Central Bureau of Investigation (CBI) and asked it to file a response to Kejriwal’s plea challenging his arrest. The court granted the CBI seven days to submit their reply.
Timeline
In addition to contesting his arrest, Kejriwal has also challenged the trial court’s orders dated June 26 and June 29, which remanded him to CBI custody for three days and judicial custody until July 12, respectively.
Kejriwal, who is 55 years old, was arrested by the CBI on June 26 while he was already in judicial custody at Tihar Jail. This arrest was connected to a money laundering case filed by the Enforcement Directorate (ED).
Arguments by Senior Advocate Abhishek Singhvi
Senior advocate Abhishek Singhvi, representing Kejriwal, argued that the CBI had lodged an FIR in August 2022. Kejriwal was subsequently summoned and questioned by the agency in April 2023 for nine hours. Singhvi pointed out-
“Since April 2023, there have been no summons or questioning, yet CBI arrested him on June 26. The arrest memo or grounds provided no new evidence to justify arresting him while he was already in judicial custody for the ED’s money laundering case. Therefore, there was no urgency or necessity for his arrest.”
When questioned by the judge about whether a bail plea had been filed in the case, Singhvi responded-
“Not yet, but they plan to file it soon.”
The court has listed the matter for arguments on July 17, allowing Kejriwal’s counsel to file a rejoinder within two days after the CBI’s reply.
“Due to the infringement of the petitioner’s fundamental rights as guaranteed under the Constitution, he requests this court to grant his interim release until the issues, which have significant legal, constitutional, and public implications, are resolved.”
-the petition stated.
ALSO READ:Arvind Kejriwal in Jail | Delhi HC Seeks CBI’s Reply on Delhi CM’s Plea in Excise Policy Arrest Case
Arrest Memo and Grounds for Arrest
The petition highlights that in the arrest memo dated June 26, the grounds of arrest were primarily that Kejriwal was not cooperating with the investigation and was not disclosing the facts known to him. The petition argued that these grounds are insufficient for arrest.
“Mere non-cooperation cannot be a lawful basis for arrest under statutory provisions.”
– it said.
Lack of New Material in Remand Application
The plea further contends that even after Kejriwal’s arrest, the Central Bureau of Investigation (CBI) did not present any new material to justify the arrest in their remand application.
“Even after the petitioner’s arrest, the CBI’s remand application did not cite any new material justifying the arrest. All facts and allegations in the remand application were previously included in charge sheets dated November 24, 2022, April 25, 2023, and July 6, 2023.”
-the petition said.
Concealment of Facts by CBI
The petition also accuses the CBI of concealing facts in their remand application.
“The CBI concealed this fact from the special judge in the remand application. In this context, there is no justification provided in the arrest memo for arresting the petitioner after a 2-year investigation.”
– the plea stated.
Urgent Plea for Release
Kejriwal’s petition urges the court to declare his arrest illegal and direct his immediate release, warning of serious prejudice and irretrievable injury if the petition is not granted. On June 29, Kejriwal was sent to judicial custody until July 12 in the corruption case. The trial court noted that his name had surfaced as one of the main conspirators and that further custodial interrogation might be necessary.
CBI’s Claims and Court’s Response
The CBI argued before the trial court that Kejriwal did not cooperate with the investigation and provided evasive replies. The agency also expressed concerns that Kejriwal might influence witnesses. However, while sending Kejriwal to the CBI’s custody for three days on June 26, the trial court refused to declare his arrest illegal.
“While investigation is the prerogative of the investigating agency, the law provides certain safeguards. Based on the material on record at this stage, it cannot be determined that the arrest is illegal. Nonetheless, the agency should exercise caution and avoid overzealousness.”
– the trial court said.
Previous Bail and High Court Stay
Kejriwal was previously arrested by the Enforcement Directorate (ED) on March 21 and was granted bail by the trial court in the money laundering case on June 20. However, the high court stayed the trial court’s order.
ALSO READ:Excise Policy Case | Delhi HC to Hear Arvind Kejriwal’s Plea Challenging CBI Arrest on Today
Background of the Excise Policy Case
The excise policy, which is at the center of the corruption case, was scrapped in 2022 following an order by the Delhi lieutenant governor for a CBI probe into alleged irregularities and corruption in its formulation and execution. According to the CBI and ED, irregularities were committed while modifying the excise policy, and undue favors were extended to license holders.
