The Delhi High Court has reserved its judgment on the plea filed by Delhi Chief Minister Arvind Kejriwal, who is currently in judicial custody, challenging his arrest by the Central Bureau of Investigation (CBI) in the excise policy case. The court has also reserved its order on Kejriwal's plea seeking interim bail.
Background of the Case
Kejriwal's arrest is linked to alleged irregularities in the Delhi excise policy, which was scrapped in 2022. The policy's formulation and implementation were reportedly fraught with corruption and undue favours for licence holders, prompting a CBI investigation.
For more on the Kejriwal case; Delhi Excise Policy Case: Kejriwal, Sisodia, Kavitha Face Corruption Charges
Arrest and Legal Proceedings
Arvind Kejriwal was initially arrested by the Enforcement Directorate (ED) on March 21 in a related money laundering case. He was later granted bail by the trial court on June 20, but this decision was stayed by the Delhi High Court. Subsequently, on June 26, Kejriwal was arrested by the CBI from Tihar Jail, where he remains lodged.
For more on the Kejriwal case; Arvind Kejriwal Delhi CM Arrested By ED
Arguments from Both Sides
» Special Public Prosecutor DP Singh, representing the CBI, emphasised that Kejriwal’s arrest was warranted for investigative purposes.
“CrPC permits arrest for the purpose of investigation. Kejriwal’s arrest was necessary cause his custodial interrogation had become necessary,”
» Singh argued that the Chief Minister’s custodial interrogation had become necessary and that the CBI had sufficient material suggesting Kejriwal could potentially influence the investigation and witnesses.
He stated, “On June 24, I examine him but don't arrest him…If there was an insurance arrest, I could have exercised my right to arrest in terms of Section 41 itself. But I don't do that. We come back and assess his statement. And then we decide we need to arrest him.”
» He underscored that the CBI is entitled to arrest an individual based on probable reasons and mere suspicion during an investigation.
» Senior advocate Abhishek Manu Singhvi, representing Kejriwal, criticized the CBI's actions as a delaying tactic, arguing that no new evidence had been presented by the agency post-January 2024.
“The probe agency has not collected any new evidence after January 2024 and now the CBI has come up with a new document of June 13, which has not been used anywhere. Can you bring (any new document, post the arrest?),” Singhvi argued.
“You did not produce it when you gave 41A notice. Where is this? You cannot just say orally accross the court. Based on the entire material, there is NOTHING NEW to justify Kejriwal’s arrest,” he added.
» Singhvi labelled Kejriwal’s arrest an "insurance arrest," aimed at preventing his release, despite favourable release orders in the money laundering case. Singhvi asserted that the arrest did not comply with legal mandates and that Kejriwal, being a public servant and the Chief Minister, was entitled to bail.
Court's Decision Pending
Justice Neena Bansal Krishna presided over the proceedings on July 17, a holiday due to Muharram, and heard arguments from both sides before reserving the judgement. The high court also listed further arguments on Kejriwal's regular bail plea for July 29.
For more on this, read:Arvind Kejriwal SC Verdict- SC Grants Interim Bail But Arvind Kejriwal To Remain In Tihar Jail
Implications and Next Steps
The case has significant political implications, as Kejriwal’s arrest and subsequent legal battles have drawn considerable attention. The high court’s decision will not only impact Kejriwal's immediate future but also the political landscape in Delhi, especially with the Aam Aadmi Party (AAP) leader at the centre of these legal controversies.
Conclusion
The Delhi High Court's reserved judgement on Arvind Kejriwal's plea challenging his arrest by the CBI and seeking interim bail marks a critical juncture in this high-profile case. The allegations of corruption and irregularities in the excise policy and the subsequent legal battles have drawn widespread attention. As the legal proceedings unfold, the implications for Kejriwal, his party, and the broader political landscape of Delhi remain to be seen.
Inputs from Multiple Agencies
Media from multiple sources
Ⓒ Copyright 2024. All Rights Reserved Powered by Vygr Media.
