The Delhi High Court on Wednesday deferred its decision on the petition filed by Arvind Kejriwal, the incarcerated Chief Minister of Delhi, challenging his arrest and detention by the Central Bureau of Investigation in the excise policy case. The court also postponed its ruling on Kejriwal’s request for temporary release.
DP Singh, the Special Public Prosecutor representing the CBI, contended that Kejriwal should not exploit the interim bail granted by the Supreme Court for 21 days during the Lok Sabha elections for personal gain.
During the proceedings, the CBI’s legal counsel asserted that Arvind Kejriwal, as the leader of the Aam Aadmi Party, could not benefit from the trial court’s decision on June 20 granting him bail in the money laundering case. He further noted that the Delhi High Court had temporarily halted the implementation of this decision with a detailed 30-page order.
The CBI lawyer stated that the investigative agency has the authority to arrest an individual based on “mere suspicion,” and at the time of arresting the CM, the CBI had “probable reasons.
“CrPC permits arrest for the purpose of investigation. Kejriwal’s arrest was necessary cause his custodial interrogation had become necessary,” Singh argued.
He asserted that the CBI possessed “sufficient material” indicating Kejriwal’s potential to influence and disrupt the investigation. Singh elaborated that the CBI was nearing completion of its probe and harbored “reasonable apprehension” about the CM’s ability to sway witnesses if released.
“Kejriwal should first approach the trial court seeking bail. The bench should have the advantage of the reasons by the trial court. That court is already on arguments on the charge and the trial court should hear the bail first. I will not argue on the bail,” stated the CBI counsel.
Kejriwal’s Response
In response, Kejriwal’s counsel Abhishek Manu Singhvi criticized the CBI’s stance as a ‘delaying tactic’, asserting that the agency had not provided any rationale for why the court should not hear the CM’s bail plea.
Singhvi argued on behalf of Kejriwal that the most recent evidence the CBI had on the AAP leader dated back to January 2024.
“The probe agency has not collected any new evidence after January 2024 and now the CBI has come up with a new document of June 13, which has not been used anywhere. Can you bring (any new document, post the arrest?),” Singhvi questioned.
“You did not produce it when you gave 41A notice. Where is this? You cannot just say orally across the court. Based on the entire material, there is NOTHING NEW to justify Kejriwal’s arrest,” he added.
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