Court Grants CBI Custody with Caveats In Delhi CM Arvind Kejriwal’s Arrest

The special CBI court in Delhi has denied relief to Chief Minister Arvind Kejriwal in the ongoing liquor policy case, determining that, based on the available material, his arrest cannot be deemed illegal at this stage. However, the court has cautioned the CBI against being “overzealous” in its investigation.

Arvind Kejriwal was taken into CBI custody for three days, a period shorter than the five days initially requested by the agency. His arrest occurred inside the Rouse Avenue court premises. Previously, Kejriwal had been granted bail by the same court, but this decision was put on hold by the Delhi High Court, which reserved its order. Kejriwal’s appeal to the Supreme Court also failed to yield relief, and subsequently, the high court denied him bail.

Sunita Kejriwal, the Aam Aadmi Party (AAP) leader’s wife, has criticized the legal system, claiming that efforts are being made to ensure her husband remains incarcerated. In a post on ‘X’ (formerly Twitter), she stated, “Arvind Kejriwal got bail on June 20. Immediately ED got a stay. The very next day CBI made him an accused. And today he was arrested. The whole system is trying to ensure that the man does not come out of jail. This is not law. This is dictatorship, this is emergency.”

In its custody order, the Rouse Avenue court emphasized that”investigation is the prerogative of the investigating agency”and noted that while certain legal safeguards exist, the arrest cannot currently be deemed illegal based on the record. Nonetheless, the court warned the CBI to avoid overzealousness. “There are certain safeguards provided in the law and at this stage, on the material on record, it cannot be said that the arrest is illegal. The agency, however, should not be overzealous,” it added.

The court has mandated that Kejriwal be produced again on Saturday and has allowed him to meet his wife for an hour daily. He will also be provided with a medically prescribed diet, home-cooked food, necessary medicines, and a glucometer during his custody. Additionally, he will be permitted to use his spectacles. “Let the medically prescribed diet/home cooked food be provided to the accused during the police custody remand. Accused may also be provided with the prescribed medicines as well as glucometer during the remand. Accused be also allowed to take spectacles,”the court added.

Senior Advocate Vikram Chaudhari, representing Kejriwal, argued that the arrest was unnecessary at this stage and questioned its timing. “This court has to consider, at this stage, the merits of the case. The timing may be circumspect but it is not the clear criterion for declaring an arrest illegal,” He stated that while the timing may be suspicious, it alone is not enough to declare the arrest illegal. Kejriwal’s counsel pointed out that he had cooperated with a nine-hour CBI interrogation in April last year and questioned the shift from being a witness to an accused.

“I told them (the CBI) there were three points. First – increase revenue. Second – reduce crowds to handle law and order. Third – opening of liquor shops in the right proportion (i.e., equal distribution across the city). I had given instructions to Manish Sisodia (his former deputy, who, in February last year, was the first to be arrested in this case) to keep these three things in mind in the policy,” he said.

“It is a poor citizen vs might of the State. This case is pending since August 2022. I was called as a witness… I appeared and, for nine hours, I assisted. Not a single notice (from the CBI) since then. How did they shift from a witness to an accused… it is a long distance to cover,” the counsel further argued.

Addressing the court directly, Kejriwal explained the rationale behind the now-scrapped liquor policy, emphasizing that it aimed to increase revenue, manage law and order by reducing crowds, and ensure the equitable distribution of liquor shops across the city. He recounted his instructions to Manish Sisodia, his former deputy and the first to be arrested in the case.

The CBI dismissed Kejriwal’s allegations, stating that they had the court’s permission for the investigation and were not required to inform him beforehand. The agency reiterated that it could have initiated the process earlier, including during election periods, but chose to proceed at an appropriate time.

Furthermore, during his custody, the court has allowed Kejriwal certain other privileges which allow him to keep his spectacles, and a copy of the Bhagavad Gita. He is also permitted to meet his wife and lawyers for 30 minutes each day. Additionally, Kejriwal’s request to keep his belt, to avoid the embarrassment of holding up his pants, was granted by the court.