NEW DELHI: The Supreme Court on Wednesday refused to grant interim relief to Delhi Chief Minister Arvind Kejriwal and issued a notice to the Central Bureau of Investigation (CBI) seeking a detailed response by August 23 regarding his plea challenging his arrest in the Delhi excise policy case. The two-judge bench, comprising Justice Surya Kant and Justice Ujjal Bhuyan, declined Kejriwal's request for interim bail and scheduled the next hearing for August 23, when the CBI is expected to file its reply.
During the hearing, senior advocate Abhishek Manu Singhvi, representing Kejriwal, described the arrest by the CBI in June as an "insurance arrest." He argued that the arrest was made at a time when Kejriwal was on the verge of obtaining bail in a more stringent case under the Prevention of Money Laundering Act (PMLA) being investigated by the Enforcement Directorate (ED).
Singhvi pleaded for interim bail on health grounds, but the apex court refused to grant it. He emphasized that this was a peculiar situation where "three orders of release/bail under PMLA" were already in place. He noted that Kejriwal had previously been granted interim bail by the Supreme Court on July 12 in the same case investigated by the ED. However, the CBI arrested him on June 26 in connection with the excise policy case, which Kejriwal termed "illegal" in his plea.
Singhvi further argued, "There are three orders, one in May, one in June, and then a regular bail by the trial court in the ED case which was later stayed. Then the CBI investigates and interrogates me one year ago." He also pointed out that the Supreme Court had already released Kejriwal on interim bail in the excise case on July 12, considering that he had been in custody for more than 90 days and was an elected representative.
On August 5, the Delhi High Court upheld Kejriwal's arrest by the CBI, delivering a significant setback to the Aam Aadmi Party (AAP) leader's efforts to challenge the arrest. Justice Neena Bansal Krishna, who presided over the case, dismissed Kejriwal's plea contesting the arrest, stating that it was conducted with justifiable reason. The court also disposed of his bail plea, advising him to seek relief from the trial court.
In its judgment, the High Court noted that Kejriwal was not an ordinary person but the Chief Minister of Delhi and the convener of AAP, which also governs Punjab. The court stated, "There were links of this crime even in Punjab but the material witnesses were not forthcoming for the simple reason of the influence exercised by the petitioner, by virtue of his position. It is only when he was arrested that the witnesses from Punjab came forth to get their statements recorded, and in fact, two of those witnesses, turned approver against the petitioner."
The court also observed that the argument of the Special Public Prosecutor had merit, acknowledging Kejriwal's influence over the witnesses. "The control and the influence which he has on the witnesses, is prima facie borne out from the fact that these witnesses could muster the courage to be a witness only after the arrest of the petitioner," the judgment read.
In dismissing the bail plea, the court concluded that it would be in Kejriwal's best interest to allow a comprehensive determination of his role in the alleged conspiracy before deciding on bail. The court highlighted that the situation had changed since the bail application was initially filed, as the charge sheet had since been filed before the Special Judge.
Kejriwal was taken into CBI custody on June 26 while already in judicial custody at Tihar Jail for a related money laundering case filed by the ED. He was initially arrested by the ED on March 21 and granted bail by the trial court on June 20 in the money laundering case. However, the High Court later stayed the bail order. On July 12, the Supreme Court granted him interim bail in the money laundering case.
