Excise Policy Case | Delhi HC to Hear Arvind Kejriwal’s Plea Challenging CBI Arrest on Today

Today(on 2nd July),Delhi High Court will hear Chief Minister Arvind Kejriwal’s plea challenging his arrest by the CBI over an alleged excise policy scam. The hearing is set before Justice Neena Bansal Krishna, following a trial court’s order remanding Kejriwal to CBI custody.

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Excise Policy Case | Delhi HC to Hear Arvind Kejriwal's Plea Challenging CBI Arrest on Today
Excise Policy Case | Delhi HC to Hear Arvind Kejriwal’s Plea Challenging CBI Arrest on Today

DELHI: Today(on 2nd July), The Delhi High Court is set to hear a plea by Chief Minister Arvind Kejriwal, challenging his recent arrest by the Central Bureau of Investigation (CBI) in connection with an alleged excise policy scam.

The petition, which was filed on Monday, is scheduled for a hearing before Justice Neena Bansal Krishna. Kejriwal, who also serves as the national convenor of the Aam Aadmi Party (AAP), is contesting a June 26 order by the trial court that remanded him to CBI custody for three days.

On June 29, the trial court extended Kejriwal’s judicial custody until July 12, stating that he is one of the main conspirators in the case. The court cited the ongoing investigation, which might require further interrogation, as the reason for the extension. Kejriwal was initially arrested by the CBI on June 26 at Tihar Jail, where he was already in judicial custody until July 3 due to a related money-laundering case filed by the Enforcement Directorate (ED).

During the proceedings, the CBI argued before the trial court that Kejriwal was uncooperative and provided evasive answers during the investigation. The agency expressed concerns that he might influence witnesses if released.

Despite the defence counsel’s request to declare the arrest illegal, the trial court upheld the arrest, stating-

“The timing may be questionable, but it is not the definitive criterion for deeming an arrest illegal.”

Kejriwal’s legal team has challenged the trial court’s decision, arguing that the arrest was unwarranted and illegal. They emphasized that the timing of the arrest, while questionable, should not be the sole factor in determining its legality. The defence maintains that Kejriwal has been fully cooperative with the investigation and that there is no substantial evidence to justify his continued custody.

The arrest and subsequent judicial custody of Kejriwal have sparked a significant political debate. The Aam Aadmi Party has strongly condemned the arrest, calling it a politically motivated move aimed at tarnishing the party’s image.

AAP spokesperson stated-

“This is merely a vendetta against our party and our leader. We will challenge this legally and ensure justice prevails.”

On the other hand, opposition parties have welcomed the arrest, arguing that it highlights the need for accountability and transparency in government dealings.

A spokesperson from the Bharatiya Janata Party (BJP) remarked-

“The law must run its course. No one is above the law, and those involved in corruption must face the consequences.”

The recent events involving Arvind Kejriwal, arrested on March 21 by the Enforcement Directorate (ED) in a money-laundering case related to the excise policy reforms, have stirred significant legal and political discourse. This case has seen a series of judicial reviews culminating in a bail granted by the trial court on June 20, which was later stayed by the high court. The underlying issues stem from alleged irregularities and potential corruption in the reformulation of the excise policy, prompting investigations by both the Central Bureau of Investigation (CBI) and the ED.

The excise policy in question traces back to a directive from the Delhi Lieutenant Governor, who called for a CBI probe into the alleged malpractices in its development and implementation. The policy’s amendments reportedly extended undue advantages to certain license holders, sparking controversies and leading to rigorous scrutiny by national investigative agencies.

During the proceedings, the trial court remarked-

“Investigation is the prerogative of the investigating agency; however, certain safeguards are provided by law. Based on the current material, it cannot be said that the arrest is illegal. Nonetheless, the agency should not be overzealous.”

This statement underscores the delicate balance between the autonomy of investigative bodies and the legal safeguards intended to prevent potential overreach.

Despite being granted bail by the trial court, Kejriwal’s relief was short-lived as the high court put a hold on this decision. This development adds another layer of complexity to an already convoluted legal battle, reflecting the intricate interplay between law enforcement agencies and the judiciary in high-profile cases. The stay order by the high court suggests a cautious approach towards the proceedings, hinting at unresolved issues that require further judicial scrutiny.

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Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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