File photo of Delhi CM Arvind Kejriwal.
| Photo Credit: PTI
The Supreme Court on Thursday (September 5, 2024) reserved its order in the petitions filed by Delhi Chief Minister Arvind Kejriwal seeking bail and quashing of arrest in the Central Bureau of Investigation (CBI) case linked to the Excise policy scam.
A bench of Justices Surya Kant and Ujjal Bhuyan heard arguments put forward by Additional Solicitor General S V Raju, representing the CBI, and senior advocate Abhishek Singhvi, appearing for Kejriwal.
Arvind Kejriwal bail hearing: Follow LIVE updates from the Supreme Court
Mr. Kejriwal told the Supreme Court that the CBI did not arrest him for nearly two years in the alleged Excise policy scam after the Enforcement Directorate (ED) first registered the case in August 2022, and an ‘insurance arrest’ was made on June 25 after he got bail in the “harsher” money laundering case filed by the ED.
Mr. Singhvi said that no notice was served to Mr. Kejriwal by the CBI before arrest and an ex-parte arrest order passed by the trial court.
“During the two-year period, the only significant development is a statement from co-accused Magunta Reddy made in January,” the senior counsel said.
Mr. Singhvi further said that the only justification given by the CBI for the arrest is Mr. Kejriwal’s alleged non-cooperation. “There are Supreme Court judgements affirming that a person is not required to self-incriminate,” he added. He submitted that the Delhi CM was a constitutional functionary and not a flight risk.
“The concern about his appearance for questioning is moot. Furthermore, given the vast number of documents and electronic evidence already submitted, there is no possibility of tampering,” he added.
No danger of Kejriwal tampering with evidence: Singhvi
The senior lawyer said the top court, while granting interim bail in the money laundering case, had said the Chief Minister was not a threat to society.
“What started in August, 2023 has led to arrest in March this year in the money laundering case,” he said, adding the top court and a trial court have already granted him bail.
Mr. Singhvi questioned the necessity of arresting the Aam Aadmi Party (AAP) supremo, noting that he was already in custody at the time of the CBI’s arrest. He described Mr. Kejriwal as the “most captive interrogatee”, emphasising that there was no risk of evidence tampering while he was in custody.
“There was no danger of him tampering with evidence as he was in custody. He was not loitering about, requiring the CBI to arrest him”, he added.
He also highlighted that most other co-accused such as former Deputy Chief Minister Manish Sisodia, BRS leader K. Kavitha, and former AAP communication in-charge Vijay Nair have already been granted bail by the top court.
The top court had on August 23 allowed the CBI to file its counter affidavit in the matter and gave two days to Mr. Kejriwal to file a rejoinder.
Mr. Kejriwal has filed two separate petitions challenging the denial of bail and against his arrest by the CBI in the case. He has challenged the August 5 order of the Delhi High Court upholding his arrest.
The AAP chief was arrested by the CBI on June 26.
On August 14, the top court refused to grant interim bail to Mr. Kejriwal in the case and sought a response from the probe agency on his plea challenging his arrest.
The Delhi High Court had on August 5 upheld the arrest of the Chief Minister as legal and said there was no malice in the acts done by the CBI which was able to demonstrate how the AAP supremo could influence witnesses, who could muster the courage to depose only after his arrest.
The High Court had asked him to move the trial court for regular bail in the CBI case.
The Excise policy was scrapped in 2022 after the Delhi Lieutenant Governor ordered a CBI probe into alleged irregularities and corruption involving its formulation and execution.
According to the CBI and the ED, irregularities were committed while modifying the excise policy and undue favours extended to licence holders.
(With inputs from PTI)
Published – September 05, 2024 04:26 pm IST
