Delhi HC reserves order on Arvind Kejriwal's plea challenging arrest by CBI

Delhi court on Arvind Kejriwal's CBI custody

The Delhi High Court on July 17 reserved its order on chief minister Arvind Kejriwal's plea challenging his arrest by the Central Bureau of Investigation (CBI) in the excise policy case.

The court, which also reserved the order on interim bail, will hear on July 29 a plea seeking regular bail for the AAP leader who was arrested by the CBI on June 26.

The CBI's move was an “insurance arrest” after it realised that the chief minister would get bail in the Enforcement Directorate (ED) case, Kejriwal's lawyer Abhishek Manu Singhvi said.

The CBI arrested the CM even as he was in custody in a case filed by the ED, which arrested Kejriwal on March 21.

The senior advocate urged the court to grant Kejriwal interim bail, saying he had three bail orders in his favour in the ED case.

While the grounds of arrest may differ in the CBI and the ED cases, it pertained to the excise policy case and Kejriwal should be given an interim bail.

"I have three bail orders in my favour under very, very stringent provisions (of Prevention of Money Laundering Act, 2002). First is the interim bail order by the Supreme Court to campaign during elections. The second is the recent interim bail by the Supreme Court. One is the order from the trial court which has been stayed by the high court," he said.

If bail could be given under the stringent provisions of PMLA, it should be granted in the CBI case as well, Singhvi said.

The CBI did not even name Kejriwal in the first FIR filed in the case in 2022 and took him in custody almost two years later, he said.

The CBI’s move was illegal as Kejriwal was already in judicial custody when the agency arrested him. There was no fear of him tampering with evidence or witnesses, posing any danger or being a flight risk, Singhvi said, adding the CM satisfied the “triple test” for bail.

Opposing relief to Kejriwal, CBI's lawyer DP Singh said the CM cannot decide the course of the investigation.

“As far as the accused go, they have all the special privileges and rights. The privilege with the investigation agency is far less,” Singh said.

Countering the argument that Kejriwal had been given bail thrice, Singh said the first order was meant for elections, the second was stayed by the high court and the third was not passed on the merits of the case.

All the main accused in the case such as K Kavitha and Manish Sisodia were still in custody.

The CBI arrested Kejriwal after consulting a chain of officers. "The trial court is conscious of timing but the court says there is material and justification of arrest. The court allows custodial interrogation. We have passed the judicial scrutiny," Singh said.

The CBI arrested Kejriwal, who was already in the Tihar Jail, on June 26, accusing him of irregularities in Delhi’s 2021-22 excise policy, which it said was designed to benefit a certain group of liquor traders.