Delhi HC rejects Arvind Kejriwal’s plea challenging arrest by CBI in liquor policy case

The Delhi High Court on Monday rejected Chief Minister Arvind Kejriwal’s petition contesting his arrest by the Central Bureau of Investigation (CBI) in connection with the liquor policy corruption case. Justice Neena Bansal Krishna dismissed Kejriwal’s bail application but allowed him the option to seek relief from the trial court. The court determined that the arrest was not unjustifiable or illegal.

Senior Advocates Abhishek Manu Singhvi, N Hariharan, and Ramesh Gupta represented Kejriwal, while CBI SPP DP Singh represented the investigation agency. Singhvi argued that Kejriwal’s arrest was an “insurance arrest,” suggesting it was a strategic move following the Supreme Court’s interim bail in the ED case.

Singhvi also contended that since the policy was signed by both Kejriwal and then LG Anil Baijal, the former LG and the involved bureaucrats should also be held accountable. He criticised the arrest as being based on assumptions and speculations.

Singhvi highlighted that despite the Supreme Court’s interim bail in the money laundering case, Kejriwal was effectively back to square one due to the “insurance arrest,” suggesting that efforts to keep him behind bars were ongoing.

In contrast, CBI SPP DP Singh described Kejriwal as the “sutradhar” of the “entire scam” and claimed there was direct evidence of his involvement. Singh noted that the trial court had already determined that the arrest was legal, thereby moving beyond questions of legality.

Singh further argued that the mere filing of the chargesheet by the CBI did not warrant Kejriwal’s bail, citing that bail had been denied to co-accused Manish Sisodia and K Kavitha even after chargesheets were filed. He rejected the use of the term “insurance arrest,” pointing out that multiple petitions and applications had been reviewed by the court without any findings of CBI misconduct.

Regarding the lack of prior notice to Kejriwal, Singh argued that Delhi Prison Rules require court permission to interrogate someone in custody, and thus, the CBI was not required to notify Kejriwal beforehand. Kejriwal had sought bail directly from the High Court instead of approaching the trial court. He remains in judicial custody in connection with the corruption and money laundering allegations.

The Supreme Court had recently granted Kejriwal interim bail in the money laundering case while referring his petition challenging the ED’s arrest to a larger bench. The CBI interrogated Kejriwal in Tihar jail after the Delhi High Court stayed his bail in the PMLA case. Following court approval, the CBI formally arrested Kejriwal on June 26. He had initially been arrested by the ED on March 21, received interim bail in May due to general elections, and surrendered on June 2.