Liquor Policy: Delhi High Court Upholds Chief Minister Arvind Kejriwal's Arrest By CBI

The Delhi High Court on Monday dismissed the petition filed by Chief Minister Arvind Kejriwal challenging his arrest by the Central Bureau of Investigation (CBI) in the corruption case in relation to the liquor policy case.

Justice Neena Bansal Krishna disposed of Kejriwal's bail plea with the liberty to approach the trial court for the relief.

It cannot be said that the arrest was without any justiciable reason or is illegal, the court said.

"It is not on account of malice or a well-planned strategy, as has been argued on behalf of the petitioner that the accused was not arrayed as an accused or arrested soon after the registration of the FIR. It is only after sufficient evidence was collected and the sanction was obtained in April, 2024 that the CBI proceeded with further investigations in this matter, against the petitioner and his eventual arrest," the court said.

Justice Krishna added there was enough evidence which justified permission to arrest and remand Kejriwal to CBI custody for which the procedure was duly followed. 

"From the case diary, the Investigating Officer has also pointed out certain other incriminatory material showing chats of the accused with the certain persons involved in transfer of ill-gotten money to Goa, through Hawala Channels and submitted that for the custodial investigation may be required to unearth the larger conspiracy," the court said.

Furthermore, the court observed that IO is the matter of all the investigations and he should not be hampered of prohibited from conducting the investigations and Courts must step in only when there appears to be an abuse of power or arbitrary exercise of procedures especially the power of arrest.

"The Police Officer, may thus, seek arrest of the suspect even if he has joined the interrogation under Section 41A of Cr.P.C., 1973 but it has to be only for cogent reasons. Therefore, the argument that there existed no occasion to arrest is not tenable; what needs to be considered is whether the Application dated 25.04.2024 moved for seeking permission to arrest contained justiciable reasons," Justice Krishna said.

Senior Advocates Abhishek Manu Singhvi, N Hariharan and Ramesh Gupta appeared for Kejriwal. CBI SPP DP Singh represented the probe agency.

Singhvi contended that Kejriwal's arrest in the CBI case is an “insurance arrest” as an afterthought to the interim bail granted by the Supreme Court in relation to the ED case.

He also said that the policy was not only signed by Kejriwal but also by then LG Anil Baijal and from that logic, the former LG and the bureaucrats involved in the process should also be made an accused. “You're trying to catch me by presumptions and hypothesis,” Singhvi said.

Singhvi had emphasised that despite the Apex Court's interim bail in the money laundering case, Kejriwal is “back to square one because of the insurance arrest.” “Because those who want it, by hook or by crook, he is behind bars,” he had said.

On the other hand, CBI SPP said that Kejriwal is the “sutradhar” of the “entire scam” and that there is direct evidence to show his involvement. He said that the trial court has already given a finding that the arrest is not illegal and thus, the probe agency has passed the stage of legality of arrest in the court below.

Singh further submitted that mere filing of chargesheet by CBI today against Kejriwal does not entitle the Chief Minister to be released on bail. He said that bail has been denied to co accused Manish Sisodia and K Kavitha even when chargesheet was filed against them.

He had stated that the use of term 'insurance arrest' was not justified. He argued that there have been multiple petitions and applications before the court and till date there were no observations regarding any violations by the CBI.

On the issue of not providing notice to Kejriwal, Singh had contended that Delhi Prison Rules mandate seeking court permission to interrogate someone in custody of court. He stated that CBI does not have to provide Kejriwal a prior notice.

Kejriwal directly approached the High Court seeking bail, without approaching the trial court. He is in judicial custody in the corruption and money laundering cases related to the alleged scam.

Recently, the Supreme Court granted interim bail to Kejriwal in the money laundering case, while referring his petition challenging the arrest by the Enforcement Directorate (ED) to a larger bench.

The CBI examined the Chief Minister in Tihar jail. This was hours after the Delhi High Court stayed his bail 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 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.

Case Title: Arvind Kejriwal v. CBI