The Delhi High Court on Wednesday reserved its order on Chief Minister Arvind Kejriwal challenging his arrest last month by the Central Bureau of Investigation alleged liquor policy scam.
The court also deferred - till July 29 - a hearing on Mr Kejriwal's bail plea.
Earlier today senior advocate Abhishek Singhvi, told a single-judge bench, of Justice Neena Bansal Krishna, the CBI "did not intend to, and did not have any material" to arrest Mr Kejriwal.
Appearing for the central agency, Special Public Prosecutor DP Singh said the CBI had the right to decide if, and when, it needed to question and/or arrest the Chief Minister. Mr Singh also accused Mr Kejriwal of trying to derail the CBI's inquiry by blaming other accused during interrogations.
On the bail plea, the CBI argued it was improper for the High Court to hear the petition at this time, insisting it would first have to be argued before the trial court, i.e., Delhi's Rouse Avenue Court.
"Insurance...": Kejriwal On CBI Arrest
Mr Singhvi slammed the move as an "insurance arrest" and criticised the CBI for an arrest he said was "in violation of the most overarching fundamental right... of liberty... and procedure established by law." He also referred to controversy in Pakistan, where ex-Prime Minister Imran Khan has been arrested.
"Three days ago... Imran Khan is released, everybody read it in the newspaper. Then he gets arrested again in another case. This cannot happen in our country," Mr Singhvi urged the court.
READ | "Insurance Arrest": Abhishek Singhvi On CBI Action Against Kejriwal
"This (too) is an arrest (in case) he comes out... it is additional insurance arrest... because this man shouldn't walk free," Mr Singhvi said, pointing out Mr Kejriwal had "release orders in (his) favour".
The reference was to twice getting bail, including the Supreme Court's release in May for a month to campaign in the Lok Sabha election. The court then indicated Mr Kejriwal was not a flight risk.
READ | "Kejriwal Cannot...": What Supreme Court Said When Giving Bail
Referring to the twin bail orders - one in May and the other last week - Mr Singhvi said, "The very act of release and re-surrender (Mr Kejriwal returned to jail on June 2, as ordered) shows complete satisfaction of the triple test. The Supreme Court last week thought it fit to release him indefinitely."
The "Five Dates" Argument
An irate Mr Singhvi urged the court to keep five dates in mind.
"On August 17, 2022, just under two years ago, the CBI filed a FIR... Mr Kejriwal is not named. On April 14, 2023, he received a summons - as a witness. Less than a year after the FIR."
"Mr Kejriwal then appears (for questioning) for nine hours on April 16, 2023, two days later."
"... this was in April, eight months after the FIR. Then, three months of 2024 go by... on March 21, exactly 11 months after recording my interrogation for nine hours... when the MCC (the Model Code of Conduct before the general election) comes into force, I am arrested by the ED..." he explained.
"Back To Square One": Lawyer On Kejriwal's Arrest
"Unfortunately for me I am back to square one because of this insurance arrest... because (of) those who want it, by hook or by crook, Arvind Kejriwal is behind bars," the senior lawyer said.
"Suddenly this man is very important to be interrogated... in June... and taken into custody."
READ | "Didn't Blame Sisodia": Kejriwal In Court, Responds To CBI Charge
"Common sense tells you there cannot be any grounds of arrest in this kind of situation," Mr Singhvi said this morning, adding, "It is clear as daylight that psychological winds of change are growing in CBI's mind (following the Rouse Avenue Court's bail order). But I won't say it is CBI."
"I would say there are others in whose mind there is psychological change."
What CBI Said
The CBI had opposed Mr Kejriwal's pleas, and said calling his arrest an "insurance" was not justified.
Bail For ED Arrest, Re-Arrest By CBI
Mr Kejriwal was arrested by the CBI - from inside Delhi's Rouse Avenue Court - on June 26, shortly after he was granted bail against his arrest in March by a second agency, the Enforcement Directorate.
The ED responded hours before he was to be released, filing a plea to block his release; that plea was stayed by the High Court but overruled by the Supreme Court, which ordered his release.
READ | Big Supreme Court Relief For Arvind Kejriwal In Delhi Liquor Policy Case
However, given he had already been arrested by the CBI, the AAP leader has remained in jail.
Subsequently, Mr Kejriwal was sent to custody of the agency for three days, but the CBI was warned not to be "over zealous" in its pursuit of the Chief Minister as an accused.
Why Was Arvind Kejriwal Arrested?
The ED arrested Mr Kejriwal over money laundering allegations while framing the Delhi liquor policy for 2021-22, which was later scrapped after the Lieutenant Governor raised red flags.
The ED has alleged the money Mr Kejriwal and the AAP got - around Rs 100 crore - was used to fund the party's poll campaign in Goa and Punjab.
Both Mr Kejriwal and the AAP have rubbished the charges, calling them political vendetta and pointing out that despite months of searching the ED has still not found the alleged bribe money.
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