Manas Dasgupta
NEW DELHI, July 17: The Delhi High Court on Wednesday reserved its order on the Delhi chief minister Arvind Kejriwal’s petitions challenging his arrest by the Central Bureau of Investigation (CBI) in the alleged Delhi liquor policy scam case and seeking an interim bail.
The high court also listed his regular bail plea for further arguments on July 29.
Mr Kejriwal’s senior counsel not only assailed his arrest by the CBI, but also told the single judge bench Justice Neena Bansal Krishna, who was hearing the plea on Wednesday despite being a holiday on account of Muharram, that the Delhi chief minister deserved immediate release on interim bail.
During the hearing, senior advocate Abhishek Singhvi, representing Mr Kejriwal, termed his arrest by the CBI an “insurance arrest” to stop him from walking out of jail. He told the court, the CBI “did not intend to, and did not have any material” to arrest Mr Kejriwal but did so only to prevent Mr Kejriwal’s release from jail after he was granted interim bail by the local court from the arrest by the Enforcement Directorate in the same case.
“It is unfortunately an insurance arrest. I have effectively three release orders in my favour (in the ED case) under very stringent provisions… These orders show that the man is entitled to be released. He would have been released but for this insurance arrest,” he contended. Asserting that Mr Kejriwal was “not a terrorist” but the Chief Minister of Delhi, Mr Singhvi said his arrest was not as per the mandate of the law and being the Chief Minister, he was entitled to bail.
On behalf of the CBI, advocate D.P. Singh opposed the two pleas of Mr Kejriwal and said terming the arrest an “insurance arrest” was unjustified. Mr Kejriwal was arrested by the CBI on June 26 from Tihar Jail, where he is still lodged in judicial custody in a connected money laundering case filed by the Enforcement Directorate (ED).
The chief minister, who was arrested by the ED on March 21, was granted bail by the trial court in the money laundering case on June 20. However, the trial court’s order was stayed by the high court, but the Supreme Court on July 12 upheld the trial court’s order and granted him interim bail though he remained in jail because of the arrest by the CBI in the same case.
The excise policy was scrapped in 2022 after the Delhi Lieutenant Governor ordered a CBI probe into alleged irregularities and corruption involving the formulation and execution of the policy. According to the CBI and the ED, irregularities were committed while modifying the excise policy and undue favours extended to licence holders.
Appearing for the central agency, Special Public Prosecutor DP Singh said the CBI had the right to decide if, and when, it needed to question and/or arrest the Chief Minister. Mr Singh also accused Mr Kejriwal of trying to derail the CBI’s inquiry by blaming other accused during interrogations.
On the bail plea, the CBI argued it was improper for the High Court to hear the petition at this time, insisting it would first have to be argued before the trial court, Delhi’s Rouse Avenue Court.
Mr Singhvi criticised the CBI for an arrest he said was “in violation of the most overarching fundamental right… of liberty… and procedure established by law.” He also referred to controversy in Pakistan, where ex-Prime Minister Imran Khan has been arrested.
“Three days ago… Imran Khan is released, everybody read it in the newspaper. Then he gets arrested again in another case. This cannot happen in our country,” Mr Singhvi urged the court. “This (too) is an arrest (in case) he comes out… it is additional insurance arrest… because this man shouldn’t walk free,” Mr Singhvi said, pointing out Mr Kejriwal had “release orders in (his) favour.”
The reference was to twice getting bail, including the Supreme Court’s release in May for three weeks to campaign in the Lok Sabha election. The court then indicated Mr Kejriwal was not a flight risk. Referring to the twin bail orders – one in May and the other last week – Mr Singhvi said, “The very act of release and re-surrender (Mr Kejriwal returned to jail on June 2, as ordered) shows complete satisfaction of the triple test. The Supreme Court last week thought it fit to release him indefinitely.”
“Unfortunately for me I am back to square one because of this insurance arrest… because (of) those who want it, by hook or by crook, Arvind Kejriwal is behind bars,” the senior lawyer said. “Suddenly this man is very important to be interrogated… in June… and taken into custody.” “Common sense tells you there cannot be any grounds of arrest in this kind of situation,” Mr Singhvi said this morning, adding, “It is clear as daylight that psychological winds of change are growing in CBI’s mind (following the Rouse Avenue Court’s bail order). But I won’t say it is CBI.”
