Delhi HC reserves order on Kejriwal's plea challenging CBI arrest
What's the story
The Delhi High Court on Wednesday reserved its decision on Chief Minister Arvind Kejriwal's plea contesting his arrest by the Central Bureau of Investigation (CBI) in the money laundering case linked to the now-scrapped excise policy case.
The court also reserved its order on Kejriwal's interim bail request and will consider his plea for regular bail on July 29.
To recall, the Aam Aadmi Party leader was arrested by the CBI on June 26.
Context
Why does this story matter?
Kejriwal, who was in judicial custody in the money laundering investigation by the Enforcement Directorate (ED) linked to the now-scrapped excise policy, was arrested by the CBI last month in the same case.
This came after a Delhi court granted the CM regular bail, which was later stayed by the Delhi High Court.
Defense argument
'Afterthought insurance arrest...': Kejriwal's lawyer questions CBI's action
Senior advocate Abhishek Manu Singhvi on Wednesday, representing Kejriwal, described the Delhi CM's arrest by the CBI as an "afterthought insurance arrest."
Arguing before the Delhi High Court in support of Kejriwal's plea challenging his arrest and remand by the CBI, Singhvi asserted that the agency lacks both material evidence and valid grounds for the arrest.
Singhvi also argued that there was no risk of Kejriwal tampering with evidence or witnesses, nor any danger or flight risk.
Bail debate
Singhvi questions timing of CBI's arrest decision
He also added that his client met the "triple test" for bail and urged the court to grant him interim bail.
Singhvi highlighted that Kejriwal had already received three bail orders in the ED case and argued that if bail could be granted under the stringent provisions of the Prevention of Money Laundering Act, 2002, it should also be granted in the CBI case.
In court
Lawyer claims Kejriwal's arrest violates legal procedures
Singhvi argued that the CBI did not consider arresting Kejriwal until June 2024, after he had been granted bail in the ED case.
"CBI has not thought me to interrogate till June. The scam allegedly took place in August 2022 and you are in June. Just 2 months short of August, you suddenly feel the need to arrest him?" Singhvi said in court.
Prosecution stance
CBI lawyer argues Kejriwal's arrest necessary for investigation
The CBI's lawyer, DP Singh, countered that Kejriwal cannot dictate the course of the investigation.
He stated that the CrPC permits arrest for investigative purposes and argued that Kejriwal's arrest was necessary as his custodial interrogation had become essential.
Singh claimed that the CBI had "sufficient material" to prove that Kejriwal could influence and derail the investigation.
He also noted that all main accused in the case, including K Kavitha and Manish Sisodia, were still in custody.
Allegations
CBI's accusations against Kejriwal in liquor policy case
To recall, the CBI has accused Kejriwal of deliberately manipulating the liquor policy, causing windfall gains to wholesalers in exchange for "illegal gratification of ₹100 crore from the South Group" to fund the AAP's election expenses for the Goa polls.
The agency alleges that Kejriwal was part of a conspiracy in the liquor scam and that all Delhi government decisions were taken under his direction.