The Delhi High Court on Monday dismissed the petition filed by Chief Minister Arvind Kejriwal challenging his arrest by the Central Bureau of Investigation (CBI) in the corruption case in relation to the liquor policy case.
Justice Neena Bansal Krishna disposed of Kejriwal’s bail plea with the liberty to approach the trial court for the relief.
It cannot be said that the arrest was without any justiciable reason or is illegal, the court said.
Singhvi contended that Kejriwal’s arrest in the CBI case is an “insurance arrest” as an afterthought to the interim bail granted by the Supreme Court in relation to the ED case.
Senior Advocates Abhishek Manu Singhvi, N Hariharan and Ramesh Gupta appeared for Kejriwal. CBI SPP DP Singh represented the probe agency.
He also said that the policy was not only signed by Kejriwal but also by then LG Anil Baijal and from that logic, the former LG and the bureaucrats involved in the process should also be made an accused. “You’re trying to catch me by presumptions and hypothesis,” Singhvi said.
Singh further submitted that mere filing of chargesheet by CBI today against Kejriwal does not entitle the Chief Minister to be released on bail. He said that bail has been denied to co accused Manish Sisodia and K Kavitha even when chargesheet was filed against them.
He had stated that the use of term ‘insurance arrest’ was not justified. He argued that there have been multiple petitions and applications before the court and till date there were no observations regarding any violations by the CBI.
Singhvi had emphasised that despite the Apex Court’s interim bail in the money laundering case, Kejriwal is “back to square one because of the insurance arrest.” “Because those who want it, by hook or by crook, he is behind bars,” he had said.
On the other hand, CBI SPP said that Kejriwal is the “sutradhar” of the “entire scam” and that there is direct evidence to show his involvement. He said that the trial court has already given a finding that the arrest is not illegal and thus, the probe agency has passed the stage of legality of arrest in the court below.
On the issue of not providing notice to Kejriwal, Singh had contended that Delhi Prison Rules mandate seeking court permission to interrogate someone in custody of court. He stated that CBI does not have to provide Kejriwal a prior notice.
Kejriwal directly approached the High Court seeking bail, without approaching the trial court. He is in judicial custody in the corruption and money laundering cases related to the alleged scam.
The CBI examined the Chief Minister in Tihar jail. This was hours after the Delhi High Court stayed his bail in the PMLA case. After court’s permission, CBI examined Kejriwal in court on June 26 and then formally arrested him in the matter.
Recently, the Supreme Court granted interim bail to Kejriwal in the money laundering case, while referring his petition challenging the arrest by the Enforcement Directorate (ED) to a larger bench.
Kejriwal was arrested by the ED on March 21. In May, he was granted interim bail by the Supreme Court till June 01 in view of general elections. He surrendered on June 2.
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