The Supreme Court on Thursday, September 5, 2024, has reserved its order on the petitions filed by Delhi Chief Minister Arvind Kejriwal, who is seeking bail and quashing of his arrest in connection with the Central Bureau of Investigation (CBI) case linked to the Excise policy scandal.
A bench comprising Justices Surya Kant and Ujjal Bhuyan listened to arguments from the Additional Solicitor General representing the CBI and senior advocate representing Kejriwal.
Arvind Kejriwal Bail Hearing: Stay Updated with Live Coverage
During the proceedings, Mr. Kejriwal argued that there was no arrest for nearly two years following the Enforcement Directorate’s registration of the case in August 2022, and that the recent arrest on June 25 occurred only after he secured bail in an associated money laundering case.
The defense highlighted that the CBI failed to provide any notice prior to his arrest, which was made based on an ex-parte order by the trial court.
“The only notable development in the two-year span was a statement from a co-accused made in January,” the defense counsel stated.
Moreover, the CBI’s justification for Mr. Kejriwal’s arrest was primarily his purported lack of cooperation, while the defense underscored that legal precedents prohibit forced self-incrimination. They emphasized that Mr. Kejriwal, as a constitutional functionary, posed no flight risk.
“Concerns regarding his attendance for questioning are unfounded. With an extensive collection of documents and electronic evidence already submitted, the risk of tampering is virtually nonexistent,” the defense counsel asserted.
Kejriwal’s Evidence Tampering Risk Dismissed
The attorney reminded the court that it had previously stated Mr. Kejriwal was not a threat to society when granting interim bail in the money laundering case.
“What began in August 2023 culminated in an arrest in March of this year regarding the money laundering case,” he noted, adding that both the Supreme Court and the trial court had previously granted him bail.
The defense questioned the necessity of Mr. Kejriwal’s arrest due to his existing custody at the time of the CBI’s actions, labeling him as the “most captive interrogatee” without any risk of evidence tampering.
“He was in custody, not evading authorities; therefore, no justification for his arrest exists,” the counsel stated.
It was also pointed out that many co-accused, including the former Deputy Chief Minister and other political figures, have already secured bail from the Supreme Court.
On August 23, the Supreme Court allowed the CBI to submit its counter affidavit, providing Mr. Kejriwal two days to respond.
He has filed two distinct petitions challenging both the refusal of bail and his arrest by the CBI, contesting an August 5 decision by the Delhi High Court that upheld his arrest.
The CBI arrested him on June 26, and the Supreme Court denied his request for interim bail on August 14 while seeking a response from the CBI regarding his plea.
The Delhi High Court had affirmed the legality of his arrest, stating that the CBI sufficiently demonstrated potential witness influence, which necessitated Mr. Kejriwal’s detention.
The Excise policy was annulled in 2022 following a CBI inquiry ordered by the Delhi Lieutenant Governor to investigate alleged irregularities and corruption in its implementation.
The CBI and the ED allege that improper modifications to the excise policy resulted in undue benefits to license holders.
Published – September 05, 2024 04:26 PM IST
