Informist, Tuesday, Jul 2, 2024

--HC notice to CBI on Kejriwal's plea against arrest, remand by CBI

NEW DELHI – The Delhi High Court today issued a notice to the Central Bureau of Investigation on a petition by Chief Minister Arvind Kejriwal against his arrest by the probe agency in the liquor policy case, and also against the Rouse Avenue Court order to send him to the probe agency's remand for three days. The high court asked the probe agency to file its response in seven days and posted the next date of hearing on Jul 17.

Kejriwal also sought release from the custody. Advocate Abhishek Manu Singhvi, appearing for Kejriwal, said that the first information report in the case was filed in August 2022. Kejriwal was summoned in April 2023 and questioned for 9 hours. From April till now, nothing has been done, the first information report is of 2022, and he is arrested now, said the counsel. There can't be a necessity and urgency of arrest, Singhvi added.

Singhvi said that the arrest memo must reflect some reasons. Reasons like terrorist or that he will interfere does not even arise in his case, said Singhvi, adding that Kejriwal was already in judicial custody in the Enforcement Directorate case. The high court today questioned Kejriwal's counsel whether he had filed for bail. Singhvi replied that he has not filed for bail yet. "I can tell you informally that we are about to file for bail, but as of now, nothing has been filed," said Singhvi.

On Wednesday, the probe agency had arrested Kejriwal after the Delhi court permitted the agency to interrogate him in the excise policy case. Thereafter, the same day, the CBI prayed for the custodial interrogation of Kejriwal to probe the irregularities in the now-scrapped excise policy. The agency submitted that Kejriwal pushed the entire onus on former Delhi deputy chief minister Manish Sisodia and said he had no idea about the excise policy. "We need to confront him with documents that we have," the counsel appearing for the agency submitted.

On Saturday, the Rouse Avenue Court had sent Kejriwal to judicial custody till Jul 12 after his three-day CBI custody ended. The CBI had registered a case in the matter in July 2022 following a complaint by Lieutenant Governor V.K. Saxena.

Kejriwal was arrested by the Enforcement Directorate on Mar 21. He was granted interim bail by the Supreme Court on May 10 to allow him to campaign for the party's candidates in the General Election. On Jun 2, Kejriwal returned to judicial custody, which was extended till Jul 3 in the money laundering case. Both the Enforcement Directorate and the CBI are investigating the now-scrapped liquor policy. While the Enforcement Directorate is investigating the money laundering aspect of the case, the CBI is looking at the irregularities in the entire case.

Earlier on Wednesday, the Supreme Court had permitted Kejriwal to withdraw his petition against the Jun 21 interim order of the Delhi High Court which stayed his release on the bail granted by the Rouse Avenue Court. The apex court granted Kejriwal liberty to file a fresh plea against the final order of the high court staying his bail. The Rouse Avenue Court had earlier granted Kejriwal bail in the liquor policy case. The Enforcement Directorate had challenged the bail order in the high court and sought a stay.

The Delhi government had announced a new excise policy in November 2021, allowing private companies to distribute liquor in the national capital. The policy was withdrawn after allegations of cartelisation and monopoly. The Enforcement Directorate has alleged that the Aam Aadmi Party took money from a liquor lobby in south India to announce the new policy. It also claimed that the party was a major beneficiary of the proceeds and the chief minister was "a key conspirator".

On May 17, the Supreme Court reserved its order on a petition by Kejriwal, challenging his arrest by the Enforcement Directorate. The court said Kejriwal was at liberty to move the trial court if he wanted to apply for bail in the meantime. The probe agency also arrested AAP leaders Manish Sisodia and Sanjay Singh in the same case. While Sisodia is in judicial custody, the Supreme Court granted Sanjay Singh bail on Apr 2, pending trial. End

Reported by Surya Tripathi

Edited by Akul Nishant Akhoury

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