In Delhi Court's Custody Order For Arvind Kejriwal, A Caveat For CBI

The special CBI court that denied relief to Delhi Chief Minister Arvind Kejriwal in the liquor policy case has said that on the basis of material on record, it cannot be said at this stage that the arrest is illegal, but warned that the probe agency should not be "overzealous".

Arvind Kejriwal has been sent to CBI's custody for three days -- two less than what the agency had asked for. He was arrested by the CBI inside the Rouse Avenue court. Earlier, the Rouse Avenue court had granted him bail, but the Delhi High Court paused it and reserved its order. Mr Kejriwal moved the Supreme Court, but got no relief. The high court thereafter denied him bail.

The Aam Aadmi Party (AAP) leader's wife has alleged that the "whole system" is trying to ensure he stays in jail. "Arvind Kejriwal got bail on June 20. Immediately ED got a stay. The very next day CBI made him an accused. And today he was arrested. The whole system is trying to ensure that the man does not come out of jail. This is not law. This is dictatorship, this is emergency," Sunita Kejriwal said in a post on 'X'.

In its order for a three-day CBI custody, the Rouse Avenue court has said "investigation is the prerogative of the investigating agency". "There are certain safeguards provided in the law and at this stage, on the material on record, it cannot be said that the arrest is illegal. The agency, however, should not be overzealous," it has added.

The court has asked the central agency to produce Mr Kejriwal in court on Saturday. The court has said Mr Kejriwal may meet his wife for an hour daily. "Let the medically prescribed diet/home cooked food be provided to the accused during the police custody remand. Accused may also be provided with the prescribed medicines as well as glucometer during the remand. Accused be also allowed to take spectacles," it has said, detailing the custody conditions.

Mr Kejriwal's counsel, Senior Advocate Vikram Chaudhari, had stressed that it was not necessary to arrest him at this stage and questioned the timing of the arrest. "This court has to consider, at this stage, the merits of the case. The timing may be circumspect but it is not the clear criterion for declaring an arrest illegal," it said.

The AAP leader's counsel told that the CBI had questioned him in this connection for nine hours in April last year. Mr Kejriwal then addressed the court directly and recounted what he had told CBI when he was asked why the now-scrapped liquor policy was framed.

"I told them (the CBI) there were three points. First - increase revenue. Second - reduce crowds to handle law and order. Third - opening of liquor shops in the right proportion (i.e., equal distribution across the city). I had given instructions to Manish Sisodia (his former deputy, who, in February last year, was the first to be arrested in this case) to keep these three things in mind in the policy," he said.

"It is a poor citizen vs might of the State. This case is pending since August 2022. I was called as a witness... I appeared and, for nine hours, I assisted. Not a single notice (from the CBI) since then. How did they shift from a witness to an accused... it is a long distance to cover," the counsel argued.

The CBI termed the AAP leader's allegations "unnecessary". We could have done this before, or even during, the election. We did not... it (the interrogation) was done only after the court's permission."

The agency pointed out it was not bound to announce the start of an investigation. "Suppose there is an inquiry... I don't have to tell (Mr Kejriwal)... Who I have to tell is to the court - that I need custody. There is no mandate I have to tell the other side about my desire to investigate," its counsel said.