Delhi liquor policy case: In a significant development, the Supreme Court on Thursday reserved order on the plea filed by Delhi Chief Minister Arvind Kejriwal seeking bail in the CBI corruption case stemming from the alleged excise policy scam. The matter was heard by a bench of Justices Surya Kant and Ujjal Bhuyan. Senior advocate Abhishek Manu Singhvi is representing Kejriwal in the top court.
During the hearing of the matter, Kejriwal's representative Singhvi said that the CBI is obsessed with everything except CrPC. He also stated that S.41A is not required when person is in custody, alternatively there is deemed S.41A through court.
Advocate Singhvi's arguments in court
While arguing on behalf of Delhi CM in the apex court, Singhvi said that it was the "insurance arrest" by the CBI which did not happen for two years. Justice Kant asked, “What is the offence alleged?” To this, Sighvi said, "Prevention of Corruption Act...I am not named in the FIR. I was called for questioning in April 2023, nearly 8 months after the FIR was filed, as a witness." Singhvi further said there is no evidence against Kejriwal and that he should be given bail.
Singhvi also informed the bench that Kejriwal was not named in the CBI FIR and emphasised that he does not pose a “flight risk.” Singhvi further pointed out that when the Supreme Court granted interim bail to Kejriwal in the money laundering case, it had noted that the chief minister did not pose a threat to society. “What started in August, 2023 has led to arrest in March this year in the money laundering case,” he said, adding the top court and a trial court have already granted him bail.
CBI submits counter affidavit in SC
On August 23, the top court permitted the CBI to submit its counter affidavit in the case, while giving Kejriwal two days to file a rejoinder. The Delhi Chief Minister has submitted two separate petitions, challenging the denial of bail and his arrest by the CBI in the matter. He is contesting the Delhi High Court's August 5 order that upheld his arrest. On August 14, the Supreme Court had refused to grant interim bail to Kejriwal and requested a response from the CBI on his plea challenging his arrest. Earlier, on August 5, the Delhi High Court had upheld Kejriwal's arrest, ruling it as legal, and found no malice in the actions of the CBI.
The court noted that the CBI had shown how Kejriwal could potentially influence witnesses, who only felt secure to testify following his arrest. The High Court advised Kejriwal to seek regular bail from the trial court in the CBI case. It also observed that the CBI’s arrest of the Chief Minister was based on the collection of relevant evidence, and therefore, it could not be deemed unjustified or unlawful.
Delhi Excise policy case
The matter relates to alleged corruption and money laundering in the formulation and execution of the Delhi government's now-scrapped excise policy for 2021-22. It is alleged that the Delhi government's excise policy for 2021-22 to grant licences to liquor traders allowed cartelisation and favoured certain dealers who had allegedly paid bribes for it, a charge repeatedly refuted by the AAP. The policy was subsequently scrapped and Delhi Lt Governor VK Saxena recommended a Central Bureau of Investigation probe, following which the ED registered a case under the Prevention of Money Laundering Act (PMLA).
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