[BREAKING] CBI Arrests Arvind Kejriwal in Delhi Excise Policy Case: Rouse Avenue Court

Vaibhav Ojha

1 year ago

[BREAKING] Court Allows CBI to Formally Arrest Arvind Kejriwal

The Rouse Avenue court Today (June 26th) allowed the Central Bureau of Investigation (CBI) to interrogate Delhi Chief Minister Arvind Kejriwal in the case connected to the Delhi excise policy. Pursuant to the permission granted by Special Judge Amitabh Rawat to examine Kejriwal, the CBI proceeded to formally arrest Kejriwal in the case.

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NEW DELHI: The Rouse Avenue court on Wednesday permitted the Central Bureau of Investigation (CBI) to interrogate Delhi Chief Minister Arvind Kejriwal in connection with the Delhi excise policy case.

Special Judge Amitabh Rawat granted the CBI’s request to examine Kejriwal, leading to his formal arrest in the case.

The CBI’s investigation originated from a complaint lodged by Delhi’s Lieutenant Governor VK Saxena on July 20, 2022. Earlier this week, the CBI recorded Kejriwal’s statement from jail and sought his production before the trial court today.

Kejriwal’s legal team expressed concerns about the lack of prior notification regarding the CBI’s application to the court.

“We got to know about this through media. We were not given the application (by CBI) or the order passed (by court),”

-stated Advocate Vivek Jain, representing Kejriwal.

Senior Advocate Vikram Chaudhari, also representing Kejriwal, emphasized,

“The manner in which this has been done is of grave concern. Please allow us the access to the documents and defer this hearing to tomorrow.”

However, the CBI maintained that its investigative prerogative does not require informing the accused in advance.

“The law does not say that I have to tell them when I want to go and investigate him. The same thing happened in the case of K Kavitha. I only need the court’s permission. I am seeking permission because he is in my lord’s custody. To investigate or not is my prerogative,”

-argued CBI counsel DP Singh.

The court noted that since the accused was in judicial custody, the CBI sought permission to question him.

“Since the accused was in judicial custody, they sought permission to question him. He has not been formally arrested so far,”

-the Court remarked.

Chaudhari contended that no notice under Section 41 of the Code of Criminal Procedure was issued to Kejriwal for questioning.

“If My lords allow them to arrest him (Kejriwal), my lords will be allowing their shoulders to be used as a gun to shoot him. If My lords give them the permission to arrest, my lords will effectively be sanctifying the remand,”

– he argued.

The Court acknowledged the need for justification in the arrest, remarking,

“I agree that they will have to justify the arrest.”

Chaudhari reiterated his request for prior notice before any application is approved, emphasizing the need for a proper reply.

“To deny me an opportunity of effective hearing by not putting me to notice first denies me of my fundamental rights. Give me a chance to file a proper reply. I will file it today, have the hearing first thing in the morning tomorrow,”

-he submitted.

Singh argued that there was no pending application since the CBI’s plea had already been approved by the court.

“There is no application pending as of now. What does he want? I will prepare my grounds of arrest and will come back then my lords will see how to proceed. My remand application doesn’t have to be given on advance notice. It has never been done,”

-he stated.

The court decided to proceed with the process, indicating that the material for Kejriwal’s arrest would be placed on record.

“He (CBI counsel) says he will place on record the material that they have for his arrest. After that, I will hear you (Chaudhari). We will give you the copies of the documents that you want. We will pass a judicial order,”

-the Court said.

Kejriwal is currently in jail concerning a money laundering case linked to the now-scrapped Delhi excise policy of 2021-22. He was arrested on March 21 by the Enforcement Directorate (ED) in the money laundering case.

The Delhi CM is accused of being part of a conspiracy to intentionally leave loopholes in the policy to benefit specific liquor sellers, with the kickbacks allegedly used by the Aam Aadmi Party (AAP) to fund their elections in Goa. The ED’s money laundering probe stemmed from the CBI case registered on August 17, 2022, regarding alleged irregularities in the Delhi excise policy.

Despite the CBI registering the case, the ED was the first to arrest Kejriwal. He was granted bail by the trial court in the ED case on June 20, but the Delhi High Court stayed the same on June 25. The Supreme Court is slated to hear Kejriwal’s appeal against the High Court order today.

This case continues to unfold, with significant implications for Delhi’s political landscape and the functioning of its government. The ongoing legal proceedings and investigations will be closely watched as they progress.