Delhi HC reserves judgment on Kejriwal’s plea challenging his arrest by CBI

The Delhi high court on Wednesday reserved its judgment in the plea filed by jailed Delhi chief minister Arvind Kejriwal challenging his arrest and remand by the Central Bureau of Investigation in the excise policy case. The high court also reserved its order on Kejriwal’s plea seeking interim bail.

Special public prosecutor DP Singh, appearing for CBI, argued that Kejriwal could not use the apex court’s interim bail granted to him for 21 days for his advantage as it was only for the Lok Sabha elections.

The CBI counsel said in court that the Aam Aadmi Party convenor cannot use the trial court’s June 20 order granting him bail in the money laundering case. He added that the Delhi high court has stayed the same by way of a 30-page “reasoned” order.

The CBI lawyer said that the probe agency has the liberty to arrest an individual even on “mere suspicion” and the CBI at the time of arresting the CM had “probable reasons”.

“CrPC permits arrest for the purpose of investigation. Kejriwal’s arrest was necessary cause his custodial interrogation had become necessary,” Singh argued.

He claimed that the CBI had “sufficient material” to prove that Kejriwal had the capability of influencing & derailing the investigation. Singh added that the CBI is in its final stage of completing the probe and has “reasonable apprehension” of the CM influencing the witnesses if he is released.

“Kejriwal should first approach the trial court seeking bail. The bench should have the advantage of the reasons by the trial court. That court is already on arguments on the charge and the trial court should hear the bail first. I will not argue on the bail,” the CBI counsel said.

What Kejriwal said

Kejriwal’s counsel Abhishek Manu Singhvi called the CBI’s stand a ‘delaying tactic’, arguing that the agency had not given any reason as to why the court should not hear the CM’s bail plea.

Kejriwal on behalf of Singhvi argued that the latest maximum new evidence that the CBI has on the AAP supremo is of 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.