New Delhi: Delhi Chief Minister Arvind Kejriwal will soon file a regular bail plea in the corruption case related to the alleged excise scam, his lawyer informed the Delhi High Court on Tuesday. Meanwhile, the court asked the CBI to respond to its plea challenging his arrest in the alleged bribery case.
Justice Neena Bansal Krishna issued a notice to the Central Bureau of Investigation (CBI) and asked it to file her reply within seven days.
The top court said Kejriwal's counsel can file a reply, if any, within two days. He listed the matter for arguments on July 17.
Apart from his arrest, the Aam Aadmi Party (AAP) national coordinator also challenged the trial court's orders of June 26 and 29 under which he was remanded in CBI custody for three days and in judicial custody till June 12. July, respectively.
Kejriwal, 55, was arrested by the CBI on June 26 from Tihar jail, where he was in judicial custody in a related money laundering case filed by the Enforcement Directorate (ED). Senior advocate Abhishek Singhvi , representing Kejriwal, claimed that the CBI lodged an FIR in August 2022 and the probe agency summoned and interrogated him in April 2023 for nine hours.
“From April 2023 till now there has been no summons or interrogation and now he has been arrested by the CBI on June 26. The CBI does not point out any new evidence or material in the arrest memorandum/arrest grounds to justify arresting him while he was in judicial custody (in the ED money laundering case). Therefore, there cannot be any need or urgency to arrest him,” the senior counsel argued.
When the judge asked him if he had filed any bail plea in the case, Singhvi said not yet, but they will file soon. In an interim application, Kejriwal sought his release from custody in the case until the issues are resolved. issues raised in the petition.
"Given that the petitioner's fundamental rights guaranteed by... the Constitution are violated, he requests this court to order his provisional release until the issues that have far-reaching ramifications and are of grave legal, constitutional and public importance are resolved." . he said he.
The petition said in the June 26 arrest memorandum that the grounds for arrest simply stated that Kejriwal was not cooperating with the investigation and was not disclosing facts known to him. The same cannot be a ground for arrest and mere non-cooperation is not the legally available ground for arresting the person, he said. “Even after the arrest of the petitioner, in the remand application the CBI also did not point out any new material which would have justified his arrest. All the facts and allegations raised in the CBI remand application were part of the charge sheets dated November 24, 2022, April 25, 2023 and July 6, 2023 filed earlier.
“This fact was hidden by the CBI from the special judge in the preventive detention request. In such a scenario, there is no detailed justification in the arrest memorandum for arresting the petitioner after two years of investigation,” the statement said.
Urging the court to consider his arrest as illegal and order his immediate release, the AAP leader said serious prejudice and irreparable harm would be caused to him if the petition was not allowed. On June 29, Kejriwal was sent to judicial custody till July 12 in the corruption case by the trial court, which said his name had come to light as one of the main conspirators and as the investigation is still ongoing, further custodial interrogations are possible. . required.
The CBI had claimed before the trial court that the AAP chief did not cooperate with the investigation and deliberately gave evasive answers. The federal agency had also expressed fears that Kejriwal could influence witnesses.
While sending Kejriwal to CBI custody for three days on June 26, the trial court refused to declare his arrest illegal, as sought by the defense lawyer, saying the timing may be suspicious but it is not the clear criterion. to declare an arrest as illegal."The investigation is the prerogative of the investigating agency, however, there are certain safeguards provided by law and at this stage, based on the material on record, it cannot be said that the arrest is illegal. The agency, however, you should not be overzealous,” the trial court had said.
Kejriwal, who was arrested by the ED on March 21, was granted bail by the trial court in the money laundering case on June 20. However, the high court stayed the trial court's order.
The excise policy was scrapped in 2022 after the Delhi lieutenant governor ordered a CBI probe into alleged irregularities and corruption related to its formulation and execution. According to the CBI and ED, irregularities were committed while modifying the excise policy special benefits and undue favors were granted to licensees.
Justice Neena Bansal Krishna issued a notice to the Central Bureau of Investigation (CBI) and asked it to file her reply within seven days.
The top court said Kejriwal's counsel can file a reply, if any, within two days. He listed the matter for arguments on July 17.
Apart from his arrest, the Aam Aadmi Party (AAP) national coordinator also challenged the trial court's orders of June 26 and 29 under which he was remanded in CBI custody for three days and in judicial custody till June 12. July, respectively.
Kejriwal, 55, was arrested by the CBI on June 26 from Tihar jail, where he was in judicial custody in a related money laundering case filed by the Enforcement Directorate (ED). Senior advocate Abhishek Singhvi , representing Kejriwal, claimed that the CBI lodged an FIR in August 2022 and the probe agency summoned and interrogated him in April 2023 for nine hours.
“From April 2023 till now there has been no summons or interrogation and now he has been arrested by the CBI on June 26. The CBI does not point out any new evidence or material in the arrest memorandum/arrest grounds to justify arresting him while he was in judicial custody (in the ED money laundering case). Therefore, there cannot be any need or urgency to arrest him,” the senior counsel argued.
When the judge asked him if he had filed any bail plea in the case, Singhvi said not yet, but they will file soon. In an interim application, Kejriwal sought his release from custody in the case until the issues are resolved. issues raised in the petition.
"Given that the petitioner's fundamental rights guaranteed by... the Constitution are violated, he requests this court to order his provisional release until the issues that have far-reaching ramifications and are of grave legal, constitutional and public importance are resolved." . he said he.
The petition said in the June 26 arrest memorandum that the grounds for arrest simply stated that Kejriwal was not cooperating with the investigation and was not disclosing facts known to him. The same cannot be a ground for arrest and mere non-cooperation is not the legally available ground for arresting the person, he said. “Even after the arrest of the petitioner, in the remand application the CBI also did not point out any new material which would have justified his arrest. All the facts and allegations raised in the CBI remand application were part of the charge sheets dated November 24, 2022, April 25, 2023 and July 6, 2023 filed earlier.
“This fact was hidden by the CBI from the special judge in the preventive detention request. In such a scenario, there is no detailed justification in the arrest memorandum for arresting the petitioner after two years of investigation,” the statement said.
Urging the court to consider his arrest as illegal and order his immediate release, the AAP leader said serious prejudice and irreparable harm would be caused to him if the petition was not allowed. On June 29, Kejriwal was sent to judicial custody till July 12 in the corruption case by the trial court, which said his name had come to light as one of the main conspirators and as the investigation is still ongoing, further custodial interrogations are possible. . required.
The CBI had claimed before the trial court that the AAP chief did not cooperate with the investigation and deliberately gave evasive answers. The federal agency had also expressed fears that Kejriwal could influence witnesses.
While sending Kejriwal to CBI custody for three days on June 26, the trial court refused to declare his arrest illegal, as sought by the defense lawyer, saying the timing may be suspicious but it is not the clear criterion. to declare an arrest as illegal."The investigation is the prerogative of the investigating agency, however, there are certain safeguards provided by law and at this stage, based on the material on record, it cannot be said that the arrest is illegal. The agency, however, you should not be overzealous,” the trial court had said.
Kejriwal, who was arrested by the ED on March 21, was granted bail by the trial court in the money laundering case on June 20. However, the high court stayed the trial court's order.
The excise policy was scrapped in 2022 after the Delhi lieutenant governor ordered a CBI probe into alleged irregularities and corruption related to its formulation and execution. According to the CBI and ED, irregularities were committed while modifying the excise policy special benefits and undue favors were granted to licensees.
