Liquor Policy: Delhi Court Remands Chief Minister Arvind Kejriwal To Judicial Custody In CBI Case

A Delhi Court on Saturday remanded Chief Minister Arvind Kejriwal to judicial custody till July 12 in the FIR registered by the Central Bureau of Investigation (CBI) in relation to the corruption case connected to the alleged liquor policy scam.

Vacation Judge Sunena Sharma of Rouse Avenue Courts passed the order after Kejriwal was produced in court on the expiry of his three days of CBI custody. 

The Central probe agency moved an application seeking judicial custody remand for Kejriwal.

The application was opposed by Kejriwal's counsel, Senior Advocate Vikram Chaudhari, who highlighted certain aspects before the court. First, that the investigation in the case is going on since August 2022; Second, Kejriwal was arrested by ED on March 21 and was granted interim bail by the Supreme Court on May 10; Third, the CBI had urged that some evidence was collected against Kejriwal in January and they got prosecution sanction under PC Act in April, and Fourth, that Kejriwal was not arrested earlier as the CBI did not want to overreach the proceedings of the Apex Court.

Chaudhari moved an application seeking to call upon CBI to place on record all the material collected against Kejriwal in the case, including the case diary. He submitted that the application was moved for court's assistance.

On this, the vacation judge orally said that although it is court's obligation to oversee the steps taken by the IO during investigation and police custody, but it is between the court and the IO. 

“These material can't be disclosed to accused. The court will definitely be satisfying itself on material to seek remand. But after PC expires, the court has no option but to remand accused to JC. The accused can move application for bail as per procedure. There is no provision that court should reject IO's application to remand accused to judicial custody,” the court said.

Chaudhari then said that before the Supreme Court, a submission was made that the investigation in the case will be concluded by July 3.

”I am praying please ask the IO that whatever they are saying, your lordships may pin them down. So that tomorrow I argue this matter in any forum... I wish to point out something specifically. I leave the entire matter. Nobody can ask for copies of case diary. I am here to assist your lordships fairly. Your lordships may ask them specifically, where is that material,” he said.

On this, the court remarked: “Whatever statement they have given regarding conclusion of investigation by certain date, even if those commitments are not adhered, that will simply give you ground to seek bail. You can't say JC can't be given.”

The Chief Minister was remanded to CBI custody for three days on June 26 by vacation judge Amitabh Rawat, observing that the arrest, at this stage, cannot be said to be illegal.

However, the judge had said that while the arrest is not illegal, CBI should not be over zealous.

On Tuesday, the probe agency examined the Chief Minister in Tihar jail where he is lodged in judicial custody in relation to the money laundering case being probed by the Enforcement Directorate (ED).

Kejriwal's statement was recorded. This was hours after the Delhi High Court stayed the bail granted to the Chief Minister in the PMLA case.

After court's permission, CBI examined Kejriwal in court on June 26 and then formally arrested him in the matter.

Kejriwal was arrested by the Enforcement Directorate (ED) on March 21. In May, he was granted interim bail by the Supreme Court till June 01 in view of general elections. He surrendered on June 2.