A Delhi Court is set to hear Chief Minister Arvind Kejriwal’s plea against arrest in the excise policy case on Tuesday. Kejriwal has accused the CBI of acting with ‘malice’ and fabricating a basis for his arrest. The plea, filed on Monday, also highlighted that the agency has failed to present any new evidence after June 4 to justify the investigation or arrest.
The Bench of Justice Neena Bansal Krishna will hear the matter on Tuesday.
Delhi Court to Hear Kejriwal’s Plea Against Arrest on Tuesday, CM Alleges ‘CBI Acted with Malice’
Delhi Chief Minister Arvind Kejriwal approached the Delhi High Court on Monday against his arrest by the CBI in the excise policy case, alleging that the CBI acted with malice and created a false basis for the arrest.
In his plea, Kejriwal argued that there was no proper justification for his arrest, especially given that the investigation has been ongoing for two years. He claimed that the arrest was based on material already in CBI’s possession before June 4, which he argued is illegal as it involves re-evaluation, not permitted by law.
Kejriwal also noted that the CBI has not presented any new material obtained after June 4 to justify his arrest and that his arrest was based on his responses, which is not a valid ground.
The CBI received permission to investigate under Section 17A of the Prevention of Corruption Act, 1988, only on April 23. Kejriwal stated that no evidence obtained after April 23 has been shown to justify the arrest under Section 41 (1)(b)(ii).
On June 29, the Rouse Avenue Court in Delhi sent Kejriwal to judicial custody in connection with the excise policy case. The CBI alleged that during his police custody remand, Kejriwal did not cooperate with the investigation and gave evasive replies contrary to the evidence on record.
The CBI claimed Kejriwal could not provide a proper explanation for the enhancement of the profit margin for wholesalers from 5% to 12% under the new excise policy of Delhi 2021-22, nor for why the Cabinet approval for the revised excise policy was hurriedly obtained during the peak of the second wave of COVID-19.
The CBI further alleged that Kejriwal evaded questions regarding his associate Vijay Nair’s meetings with various liquor business stakeholders and demands for illegal gratification, as well as his own meetings with Magunta Sreenivasulu Reddy and others. Kejriwal also could not explain the transfer and utilization of ₹44.54 crore in Goa Assembly Elections by his party during 2021-22.
The CBI stated that further custodial interrogation of Kejriwal is not required at this stage but alleged that he may influence witnesses and tamper with evidence due to his influential position.
On June 26, the trial court’s vacation judge sent Kejriwal to a three-day custodial remand of the CBI. During this period, Kejriwal addressed the court, asserting his and his party’s innocence and accusing the CBI of defaming them through the media.
Senior Advocate Vikram Chaudhari, representing Kejriwal, opposed the CBI’s remand application, arguing that the CBI had already filed four chargesheets and that arresting Kejriwal at this stage was unnecessary. He also questioned the timing of Kejriwal’s arrest, suggesting it was done to influence the bail decision.
On June 26, the CBI arrested Kejriwal after the vacation judge of the Delhi Court allowed the agency to examine him in the courtroom before his formal arrest. The court has asked the CBI to present the material justifying Kejriwal’s arrest.
The Delhi High Court recently stayed Kejriwal’s bail order, stating that the trial court should have recorded its satisfaction with the fulfillment of the twin conditions of section 45 of the Prevention of Money Laundering Act (PMLA) before granting bail.
