Delhi HC Reserves Judgment On Kejriwal’s Plea Challenging CBI Arrest

The Delhi High Court reserved its judgment on Wednesday regarding the plea filed by jailed Delhi Chief Minister Arvind Kejriwal, challenging his arrest and remand by the Central Bureau of Investigation (CBI) in the excise policy case. The court also reserved its order on Kejriwal’s request for interim bail.

Special Public Prosecutor DP Singh, representing the CBI, argued that Kejriwal cannot use the Supreme Court’s interim relief granted for 21 days to his advantage, as it was only intended for the purpose of the Lok Sabha elections. Singh also stated that Kejriwal cannot rely on the trial court’s June 20 order, which granted him bail in the money laundering case, since the Delhi High Court has stayed that order through a detailed 30-page ruling.

The CBI’s counsel emphasized that the agency has the liberty to arrest an individual based on “mere suspicion” and asserted that Kejriwal’s arrest was justified as there were “probable reasons” for it. Singh argued that the Code of Criminal Procedure (CrPC) allows for arrests to facilitate investigations, and Kejriwal’s custodial interrogation had become necessary. He further claimed that the CBI had “sufficient material” to demonstrate Kejriwal’s potential to influence and derail the investigation. Singh added that the CBI is nearing the completion of its probe and has “reasonable apprehension” that Kejriwal might influence witnesses if released.

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Singh argued that Kejriwal should first seek bail from the trial court, allowing that court to consider the reasons for and against bail. He stated that the trial court is already engaged in arguments regarding the charges, and it should hear the bail plea first. Singh declined to argue further on the bail issue at this stage.

Kejriwal’s counsel, Abhishek Manu Singhvi, countered by accusing the CBI of employing a “delaying tactic” and noted that the agency had not provided any substantial reason why the High Court should not hear Kejriwal’s bail plea. Singhvi pointed out that the most recent evidence the CBI had against Kejriwal dated back to January 2024. He argued that no new evidence had been collected since then, and the CBI’s new document dated June 13 had not been previously presented.

Singhvi questioned the validity of this new document, asking why it had not been included earlier and suggesting that there was no new material to justify Kejriwal’s arrest.