Delhi High Court Rejects Arvind Kejriwal’s Bail Plea; CBI Custody Continues

August 6, 2024

2 min read

New Delhi, India (Sarhind Times) – August 6, 2024

The Delhi High Court on Monday turned down a plea for the release of Chief Minister Arvind Kejriwal from prison in connection with the Central Bureau of Investigation (CBI) case related to the now-scrapped Delhi excise policy of 2021-22. The court upheld the legality of Kejriwal’s arrest, dismissing claims that it was unjustified.

A bench of Justice Neena Bansal Krishna ruled that Kejriwal’s arrest was not without justifiable reasons, citing sufficient grounds for the CBI’s actions. The court also disposed of the Chief Minister’s bail plea, granting him the liberty to approach the city court with a fresh petition.

Kejriwal had challenged his arrest and remand by the CBI, claiming it contravened the Supreme Court’s guidelines laid down in the ‘Arnesh Kumar vs State of Bihar’ ruling, which mandates issuing a notice to the accused before arrest. He argued that the Delhi court failed to satisfy itself regarding the necessity of his arrest and that the CBI had acted in violation of the Code of Criminal Procedure (CrPC).

Represented by senior advocate AM Singhvi, Kejriwal contended that his arrest was a preemptive measure to prevent his release in a related money laundering case. Singhvi argued that there was no new evidence justifying Kejriwal’s arrest nearly a year after he was first summoned by the CBI.

Special Public Prosecutor DP Singh, representing the CBI, countered that the arrest was based on substantial material and the necessity to prevent Kejriwal from influencing the investigation. Singh highlighted that the agency received the required sanction to prosecute under the Prevention of Corruption Act only in April 2024, which justified the timing of the arrest.

Kejriwal has been in custody since March 21 following his arrest by the Enforcement Directorate, aside from a 21-day interim bail in May granted for election campaigning. Despite the Supreme Court granting interim bail in the ED case on July 12, he remains in custody due to the separate CBI case.

The case against Kejriwal, rooted in allegations of irregularities in the Delhi excise policy of 2021-22, began following a recommendation by Delhi’s Lieutenant Governor in July 2022. Kejriwal is the third AAP leader arrested in this connection, following former Deputy CM Manish Sisodia and Rajya Sabha MP Sanjay Singh.