Today(5th September), The Supreme Court reprimanded the CBI for arresting Delhi Chief Minister Arvind Kejriwal while he was already in ED custody, questioning the procedural validity of the re-arrest. The hearing centered on Kejriwal’s pleas challenging the CBI arrest and seeking regular bail.
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NEW DELHI: Today(5th September), The Supreme Court reprimanded the Central Bureau of Investigation (CBI) for its decision to arrest Delhi Chief Minister Arvind Kejriwal in connection with the alleged liquor policy scam while he was already in judicial custody under the Enforcement Directorate (ED) case. The hearing focused on Kejriwal’s pleas challenging his arrest by the CBI and seeking regular bail.
The bench, comprising Justices Surya Kant and Ujjal Bhuyan, questioned the CBI’s move, highlighting that procedures needed to be followed for re-arresting an individual who is already in custody.
The court expressed its concern, stating-
“If someone is already in custody and you intend to arrest them again, you need to obtain the court’s permission, as stipulated by the criminal procedure code.”
This raised serious concerns about the legality of Kejriwal’s arrest by the CBI while he was still lodged in Tihar Jail following his arrest in a separate ED investigation related to money laundering.
Senior advocate Abhishek Manu Singhvi, representing Kejriwal, strongly argued against the manner in which the CBI handled the case. He pointed out that the arrest lacked solid legal ground, calling it a rushed and arbitrary move.
Singhvi emphasized-
“You can’t be trigger-happy… you can’t simply barge in without a valid basis.”
Singhvi stressed the need for proper safeguards to prevent such arbitrary arrests. He further argued that Kejriwal’s arrest by the CBI appeared to be a strategic move to keep him in custody, particularly as Kejriwal was on the verge of release from the ED case.
“I am the most detained person you could find. My arrest was purely for insurance purposes. No substantial evidence was provided to justify it, and the grounds were vague.”
-Singhvi added.
Timeline of Arrests
The legal entanglements surrounding Arvind Kejriwal began when he was first arrested by the ED on March 21 as part of the investigation into the alleged liquor policy scam. Later, on June 26, the CBI arrested him in a related corruption case. Despite being granted bail by the Supreme Court on July 12, Kejriwal continued to remain in judicial custody due to the CBI’s arrest.
Singhvi underscored the unusual timing of the CBI’s actions. He argued that Kejriwal was not a flight risk and had been deemed fit for release by the courts on two previous occasions, including the interim bail granted in May before the Lok Sabha elections and the July 12 bail in the ED case.
“A constitutional functionary cannot be considered a flight risk. With four chargesheets in the CBI case and nine in the ED case, and thousands of pages of documents, the evidence is secure and cannot be tampered with.”
-Singhvi stated, highlighting the ample evidence already presented in the case.
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Court Proceedings
The Supreme Court hearing on Thursday marked a crucial moment in Kejriwal’s legal battle. Senior advocate Singhvi told the court that Kejriwal had not been named in the original CBI FIR, arguing that the CBI’s actions were unfounded. He further emphasized that Kejriwal posed no danger to society and that the earlier interim bail granted by the Supreme Court in the money laundering case had taken this into account.
“What began in August 2023 has resulted in an arrest in March of this year in the money laundering case.”
– Singhvi remarked, emphasizing the long duration and complexity of the ongoing legal battles against Kejriwal.
The court had, in August 2023, allowed the CBI to file a counter affidavit in the matter and provided Kejriwal with two days to file a rejoinder. The Delhi Chief Minister has filed two separate petitions—one challenging the denial of bail and the other contesting his arrest by the CBI.
Kejriwal’s legal troubles escalated when the Delhi High Court upheld his arrest on August 5. The High Court deemed the CBI’s actions as legal and justified, stating that Kejriwal’s arrest was necessary to prevent him from influencing witnesses. According to the High Court, some witnesses only found the courage to testify after Kejriwal was detained.
In response to the High Court’s decision, Kejriwal approached the Supreme Court, which refused to grant him interim bail on August 14 and instead sought a response from the CBI on his plea challenging the arrest.
The excise policy was repealed in 2022 following an order from the Delhi Lieutenant Governor, who directed the CBI to investigate alleged irregularities and corruption in the policy’s formulation and implementation. Both the CBI and the Enforcement Directorate (ED) have reported that irregularities occurred during the modification of the excise policy, including the extension of undue favors to license holders.
