The Supreme Court is currently deliberating on Delhi Chief Minister Arvind Kejriwal’s petitions, which seek bail and challenge his arrest by the Central Bureau of Investigation (CBI) in connection with the now-defunct excise policy case.
Court Proceedings and Bail Status
On August 14, a Bench consisting of Justices Surya Kant and Ujjal Bhuyan considered Kejriwal’s bail application but denied him interim bail. The case was then adjourned to September 5 to allow the CBI to file its counter affidavit.
Update on Legal Arguments
Senior Counsel Dr. Abhishek Singhvi, representing Kejriwal, has raised concerns about the timing and justification of the CBI’s actions. Singhvi points out that the CBI did not arrest Kejriwal for nearly two years after the ED first registered the case in August 2022. Kejriwal was only arrested on June 25, while already in judicial custody related to the ED case.
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Singhvi further notes that during the two-year period, the only significant development was a statement made in January by co-accused Magunta Reddy. He argues that the sole reason provided by the CBI for Kejriwal’s arrest is his alleged non-cooperation. “There are Supreme Court judgments affirming that a person is not required to self-incriminate,” Singhvi emphasizes.
The Supreme Court’s forthcoming decision will be crucial in determining the next steps for Kejriwal and the ongoing legal proceedings related to the excise policy case.
In its response, the CBI argued that Kejriwal’s arrest was justified due to his “evasive and non-cooperative” demeanor when questioned about his alleged involvement. The agency contends that Kejriwal’s role in the case is distinct from that of his co-accused, who have already been granted bail by the Supreme Court, including former Deputy Chief Minister Manish Sisodia, BRS leader K Kavitha, and former AAP communication in-charge Vijay Nair.
Arrest Timeline and Legal Context
Kejriwal was initially arrested by the Enforcement Directorate (ED) on March 21 in relation to the alleged excise policy scam. This arrest followed the Delhi High Court’s denial of his plea for interim protection from arrest. On July 12, the Supreme Court granted him interim bail in the ED case. However, Kejriwal remains in custody due to his subsequent arrest by the CBI.
He was taken into CBI custody on June 26 from the Rouse Avenue Court in Delhi and was remanded to judicial custody on June 29.
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