NEW DELHI: The Supreme Court on Wednesday declined interim bail to Delhi Chief Minister Arvind Kejriwal in a CBI case registered in connection with the liquor policy scam.
"We are not granting interim bail," a bench of Justices Surya Kant and Ujjal Bhuyan said on a request made by senior advocate A M Singhvi, seedling interim relief for Kejriwal.
The court, however, agreed to issue notice to the CBI to his plea challenging validity of his arrest by the CBI on June 26.
In his submission, Singhvi said the CM's arrest by CBI was an "insurance arrest' which came at a time when Kejriwal was on the cusp of getting bail in the more stringent ED case under PMLA.
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The counsel contended the petitioner has been granted interim bail from the Supreme Court twice in connection with the money laundering case registered under the stringent Prevention of Money Laundering Act. He said the trial court granted him regular bail too in that case.
In the instant case registered by the CBI under the Prevention of Corruption Act, there can't be similar stringent conditions for interim relief.
The court, however, refused the interim relief and sought a response from the CBI against his plea challenging the validity of the arrest.
The counsel requested for early date, then the bench fixed the matter for consideration on August 23.
Singhvi also said this is a strange situation. Three orders of release/bail under PMLA and this was a rejection of bail in a case not even dealing with section 45 of the Prevention of Money Laundering Act (PMLA).
"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 said.
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Giving the details, he said that when the SC on July 12 passed a detailed judgment and then this arrest was made by the CBI which was an "Insurance arrest."
Kejriwal was granted bail by the SC on July 12, in the case, being investigated by the Enforcement Directorate. He was arrested by the CBI on June 26 in the case.
On August 5, 2024, the Delhi High Court rejected a plea by Kejriwal to declare his arrest by the CBI as illegal, saying it cannot be said that his formal arrest was without any justiciable reasons.
The court had then found no malice on the part of CBI in arresting him on June 26, by upholding validity of the action by the central investigating agency and custodial remand by the special court.
The court noted initially, after registration of FIR on August 17, 2022, the petitioner was examined on April 16, 2023 for 9-10 hours since at that stage he was identified only as a person, who was acquainted with the facts and circumstances of the case.
The CBI had explained that it is only after sufficient material was collected against the petitioner over a period of one and a half years, that it sought the sanction for prosecution of the petitioner, which was granted on April 23, 2024.
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The High Court also noted the petitioner is not an ordinary person but it is the Chief Minister of NCT of Delhi and the convenor of Aam Aadmi Party, which has its Government in Punjab.
"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," the court said.
In his plea, Kejriwal contended the arrest was not necessary as he was already under the judicial custody. He also claimed the arrest on June 26 was made without disclosing sufficient reasons.
