New Delhi: Delhi Chief Minister Arvind Kejriwal on Wednesday moved the Delhi High Court seeking bail in the CBI case connected with the Excise Policy case. Kejriwal was arrested by the Central Bureau of Investigation (CBI) in the case on June 26, 2024. Kejriwal had recently challenged his arrest by the CBI and the remand granted by the trial court, Delhi High Court. Advocates Rajat Bharadwaj and Mohammad Irshad mentioned the matter before a bench of Acting Chief Justice Manmohan for urgent listing for tomorrow. After noting the submissions, the court agreed to hear the matter on July 5, 2024. The Delhi High Court on Tuesday issued notice to the Central Bureau of Investigation (CBI) on a plea filed by Delhi Chief Minister Arvind Kejriwal against his arrest by the CBI in the Excise Policy case. A bench of Justices Neena Bansal Krishna after hearing the initial submissions of senior advocate Dr Abhishek Manu Singhvi said that the reply should be filed within 7 days followed by a rejoinder within 2 days. The court listed the matter for detailed hearing on July 17.
In his plea, Kejriwal said that his arrest is in clear violation of the statutory order prescribed under Section 41 and 60A of CrPC. The offence alleged against him carries a maximum punishment of 7 years and hence compliance of Section 41 and 60A of CrPC is mandatory and cannot be evaded by the investigating officer. In the present case, despite the offence being punishable for seven years, the requirement of notice under Section 41A and 60A was not complied with by the investigating officer and hence his arrest without complying with the mandatory requirement under the law is illegal and unlawful. Arvind Kejriwal, in his plea in the Delhi High Court, said that no proper justification or reasoning was given for the arrest, especially considering that the investigation has been going on for two years. Kejriwal’s plea further said that his arrest was allegedly made on the basis of material available with the CBI before June 4, adding that arrest on the basis of material already available is illegal as it involves re-evaluation, which is not permitted by law. Delhi’s Rouse Avenue Court on June 29 sent Delhi Chief Minister Arvind Kejriwal to judicial custody in the excise policy case.
The CBI had alleged that accused Arvind Kejriwal was questioned during police custody. However, he did not cooperate in the investigation and deliberately gave evasive replies contrary to the evidence on record. When confronted with the evidence, he did not give proper and truthful explanation about the increase in profit margin for wholesalers from 5 per cent to 12 per cent under Delhi’s new Excise Policy 2021-22, without any study or justification, the CBI said. Kejriwal also could not explain why Cabinet approval for the revised Excise Policy was hurriedly obtained within a day, during the peak of the second wave of Covid, when the South Group accused were camping in Delhi and holding meetings with his close aide Vijay Nair, the CBI said.
The CBI said Kejriwal could also not give a proper explanation about his meeting with Magunta Srinivasulu Reddy, accused Arjun Pandey and accused Mootha Gautam of India Ahead News. He also evaded questions about the transfer and use of illegal funds of Rs 44.54 crore by his party in the Goa Assembly elections during 2021-22. In view of the above facts and circumstances, further custodial interrogation of accused Arvind Kejriwal is not required at this stage, the CBI said. The CBI alleged that Kejriwal is deliberately and deliberately evading justifiable and relevant questions connected with the case.
Kejriwal, being a prominent politician and Chief Minister of Delhi, is a very influential person, as such, there are credible reasons to believe that Kejriwal may have influenced the witnesses and evidence already exposed before him during custodial interrogation and the potential witnesses, who are yet to be examined, may further tamper with the evidence to be collected and hamper the ongoing investigation, the CBI said. On June 26, the CBI arrested Kejriwal, the national convener of the Aam Aadmi Party (AAP). A Delhi court’s vacation judge allowed the CBI to question him in the courtroom so that the agency could begin the process of his formal arrest. The Delhi High Court recently stayed Chief Minister Arvind Kejriwal’s bail order passed by a trial court, saying the trial court should have at least recorded its satisfaction on the fulfilment of two conditions of Section 45 of the Prevention of Money Laundering Act (PMLA) before passing the impugned order. (ANI)
