Delhi HC reserves order on regular bail plea of Arvind Kejriwal in excise case; CBI opposes

Jul 29, 2024

New Delhi [India], July 29 : The Delhi High Court on Monday reserved its order on Delhi Chief Minister Arvind Kejriwal's regular bail plea in the CBI case related to the excise policy.
The Central Bureau of Investigation opposed the bail plea, referring to Kejriwal as the "sutradhar" of the case.
The bench of Justice Neena Bansal Krishna reserved the order in the matter after noting down the submissions of both sides,.
CBI's Special Counsel DP Singh told the court that as their investigation progressed, they discovered "more evidence implicating" Kejriwal. He apprised the Delhi HC that a chargesheet has been filed today morning before the trial court naming six individuals, including Kejriwal, but five of them have not been arrested.
The CBI further informed that they have completed their investigation against Kejriwal and filed a chargesheet within a month of his arrest
The CBI claimed that Kejriwal is the central figure or "sutradhar" in the excise policy scam. Singh told the court that Kejriwal, as the head of the cabinet, signed the excise policy, circulated it to his colleagues and received their signatures within a single day. This occurred during the COVID-19 pandemic.
He said that C Aravind, an IAS officer under Manish Sisodia, testified that Vijay Nair brought a copy of the excise policy to be entered into the computer and Arvind Kejriwal was present at that time. This, according to the CBI, indicates Kejriwal's direct involvement in the matter.
Singh stated that the investigation agency has traced Rs 44 crore related to the case, which was sent to Goa and "Kejriwal instructed his candidates not to worry about the funds and to focus on contesting the elections".
He argued that while direct evidence might be lacking, witness testimonies, including three witnesses and 164 statements made in court, "clearly indicate Kejriwal's involvement". Singh asserted that such evidence emerged only after Kejriwal's arrest, as Punjab officers would not have come forward otherwise.
Singh said after the issue blew up in media, Kejriwal sought ex post facto approval of the excise policy from the council of ministers.
Senior Advocate Abhishek Manu Singhvi, representing Arvind Kejriwal, began his submissions by arguing that the case represents an "insurance arrest."
He stated that Kejriwal has been granted bail thrice in the ED case. Singhvi also pointed out that since Kejriwal's arrest by the CBI, there has been no new developments. He argued that the distinction between bail and writ petitions does not impact the case's merit.
Singhvi said there is no direct evidence against Kejriwal. He highlighted that the CBI frequently refers to Vijay Nair as a central figure in the case, but Nair had been granted bail in the CBI case a long time ago.
Singhvi slammed CBI's portrayal of Kejriwal as "sutradhar" of the excise policy, arguing that the agency fails to acknowledge the broader context. He emphasized that the policy was the result of nine inter-ministerial committees, involving officials from various departments and was published in July 2021 after a year of deliberation.
Singhvi argued that while Kejriwal signed the excise policy, so did 15 other people, including the Lieutenant Governor.
By the CBI's logic, the Lieutenant Governor and the 50 bureaucrats, including the Chief Secretary, should also be considered co-accused, said Singhvi.
The senior advocate emphasized that he does not wish to implicate the Lieutenant Governor but questioned the CBI's "selective targeting".
Singhvi asked CBI to produce a statement "that isn't based on hearsay", asserting that after two years of probe, "the case relies on presumptions and hypotheses rather than concrete evidence".
Earlier today, CBI filed a chargesheet against Arvind Kejriwal and others in the case
Recently the Delhi High Court reserved the order on Kejriwal's plea challenging his arrest by CBI in connection with excise policy case. The court also reserved the order on the issue of Kejriwal's plea for interim bail.
The Delhi Chief Minister had approached Delhi High Court for regular bail stating that he is the national convenor of a national political party and sitting Chief Minister of Delhi and is being subjected to "gross persecution and harassment for wholly malafide and extraneous considerations".
Kejriwal had also approached the HC challenging his "wholly illegal arrest as well as patently routine remand orders" passed by the trial court.