The Central Bureau of Investigation (CBI) on July 29, filed a chargesheet against Delhi Chief Minister and Aam Aadmi Party (AAP) leader Arvind Kejriwal in connection with the alleged corruption case related to the now-scrapped Delhi Liquor Policy 2021-2022. The chargesheet was filed before a special CBI court at Rouse Avenue.
During the hearing, CBI lawyer DP Singh submitted that Kejriwal’s petitions stated that contrary to the averments of the petitioner, there exists no question of re-appreciation of the material at the stage of the investigation, more specifically since the investigation includes any or all proceedings for the collection of evidence, which is ongoing.
The proceedings at this stage are distinct from the opinion formed by the investigating officer while filing a final report under Section 173 CrPC. There is ample material available on record to justify the necessity of arresting the Petitioner. The Petitioner was also confronted with the said material during his examination.
The CBI further submitted that it is the sole domain of the investigating agency to both interrogate and arrest the accused, after complying with the requirements of the law.
With the Petitioner remaining evasive during his interrogation on June 25, 2024, the CBI deemed the custodial interrogation of the petition necessary, more specifically since it is more elicitation-oriented and an important right in favour of the investigating agency to unearth the truth.
Section 41-A CrPC read with Section 41-A (3), does not mandate a blanket ban on arrest against whom there is a reasonable suspicion of commission of a cognizable offence punishable with imprisonment of up to 7 years.
The law on the subject mandates that the investigating officer in such cases should be satisfied with the necessity of arrest under the conditions noted in the sub-clauses (a) to (e) of Section 41 (1) (b) (ii) and should record reasons for the same, the CBI told the Delhi High Court.
However, Senior Advocate Abhishek Manu Singhvi appeared for Delhi Chief Minister Arvind Kejriwal and argued that the most striking feature of this case is that it is an insurance arrest.
“I have three release orders in my savour, those three orders are under much much much more stringent provisions. The Apex Court has recently decided to grant him bail indefinitely. My client also got a bail order in his favour in the ED case from the trial court, which was later stayed by the Delhi High Court. The CBI FIR is August 17, 2022. I am not named in that. In April, I was summoned under Sec. 160 CrPC as a witness,” Singhvi said.
Singhvi further submitted that Kejriwal’s arrest by the CBI was unnecessary.
“The dates of the case cry out for themselves. The trial court gave me regular bail under PMLA on June 20 and after four days, the CBI took the order to question me in judicial custody and arrested me on June 26. I never got a copy of the application. No notice was given, and the order was passed. Even I was not heard,” he said.
He further submitted in Delhi HC that recently Imran Khan was released but was arrested again in another case. It can’t happen in our country. Singhvi further submitted before the Delhi HC that the trial court allowed the CBI’s application regarding the issuance of production warrants despite the probe agency interrogating him on June 25 for almost 3 hours.
Kejriwal was initially arrested by the Enforcement Directorate (ED) on March 21, 2024, in a money laundering case linked to the alleged Liquor policy scam. The Supreme Court granted him interim bail in this case, but he remained in judicial custody due to his arrest by the CBI on June 26 while in Tihar Jail. His arrest was related to a corruption case in the same Liquor policy scam.
The Delhi Liquor Policy 2021-2022, introduced in November 2021, aimed to revolutionise the liquor retail landscape in the capital by maximising revenue, combating the sale of counterfeit alcohol, and enhancing consumer experience. However, allegations of procedural irregularities led to the policy being scrapped on August 1, 2022, prompting investigations by both the CBI and the ED. The ED focused on the alleged money trail, while the CBI investigated corruption and bribery charges against public servants.
In July 2022, Lieutenant Governor V K Saxena recommended a CBI probe into alleged irregularities in the formulation of the Liquor policy. This initiated the CBI’s involvement, resulting in the registration of a corruption case under the Prevention of Corruption Act, 1988 (PC Act). Kejriwal was interrogated by the CBI in April 2024, though he had not been impleaded as an accused in the case until now. The agency has previously filed four charge sheets against 17 accused persons, including former Delhi Deputy Chief Minister Manish Sisodia and Bharat Rashtra Samithi legislator K Kavitha.
On July 25, 2024, a Delhi court extended Kejriwal’s judicial custody in both the money laundering and corruption cases related to the alleged Liquor policy scam. Special Judge Kaveri Baweja extended his custody in the money laundering case till July 31, while his judicial custody in the corruption case was extended till August 8.
Kejriwal appeared before the court via video conferencing from Tihar Jail. The court’s decision followed the expiration of his previous judicial custody, initially set to conclude on July 25.
The Delhi High Court had earlier reserved its order on Kejriwal’s plea seeking two additional legal meetings with his lawyers through video conferencing from jail. His plea was opposed by the counsel for jail authorities and the ED. Justice Neena Bansal Krishna reserved the order after hearing submissions from both sides.
The Rouse Avenue Court had previously denied Kejriwal’s request for additional meetings with his lawyers. Special Judge Kaveri Baweja dismissed the application, stating that requiring Kejriwal to file independent applications for each case would lead to delays and potentially deny him effective legal help. The ED had alleged that Kejriwal was using his lawyer meetings to send instructions to Delhi government ministers.
Kejriwal has challenged his arrest in the corruption case registered by the CBI and has sought bail. While he was granted interim bail by the Supreme Court on July 12 in the money laundering case, he is yet to secure bail in the corruption case connected to the alleged Liquor scam.
