New Delhi, Sep 5 (FN Agency) The Supreme Court on Thursday reserved its order on Delhi Chief Minister Arvind Kejriwal’s pleas seeking bail and challenging his arrest by the Central Bureau of Investigation in the alleged excise policy scam. A bench comprising Justice Surya Kant and Justice Ujjal Bhuyan after hearing both the sides for the full day reserved its orders. The arguments were started at 10.30 am by Senior Advocate Dr Abhishek Manu Singhvi appearing for Kejriwal. Additional Solicitor General (ASG) V Raju argued on behalf of the CBI. Singhvi said, “This is a remarkable and unprecedented case and is perhaps the only case where I got two release orders under stringent PMLA law which has a bar of Section 45 from this court and another detailed order from High Court. Then there was this insurance arrest in the predicate offence by CBI.” Singhvi said that Kejriwal was not named in the CBI’s First Information Report (FIR) “Then there is ECIR by ED. Then I was called by the CBI for questioning for about 8 to 9 hours as a witness. On March 24, Kejriwal was arrested by the ED and not CBI.”
Singhvi argued that what started in August 2023 led to arrest in March 2024. In the ED case, there are two significant release orders. In one, the Supreme Court noted he is not a threat to society, and it was an interim release. It was held that he is not a threat in an ED case also. Singhvi further contended that the second order was a detailed order. It was a regular bail granted by the trial court. The Delhi High Court put a stay on it on oral mention by the CBI. Then comes the detailed order by the Supreme Court by Justice Khanna-led bench. Justice Kant asked Singhvi to explain what is serial number 29. Singhvi replied, “This is the current arrest. The Apex Court had reserved verdict before the summer vacation and delivered its judgement on July 12 in which it held that bail should be granted as right to life and liberty is sacrosanct and it directed that Kejriwal be released on interim bail and it is all on section 45 PMLA cases,” Singhvi said. Singhvi said, “I go back to jail on June 2 and the next judgment from the Supreme Court is on July 12, then on June 25 this arrest takes place in a CBI case even though no arrest ever happened in three years. This was a case of insurance arrest,” Singhvi said.
Singhvi argued till noon saying that Kejriwal’s arrest was unlawful as conditions under Section 41 CrPC were not met. Kejriwal has filed two separate petitions challenging the denial of bail and against his arrest by the CBI in the case. Singhvi said that there are 13 Supreme Court judgments which hold that you cannot be sent back to jail in such cases. Kejriwal is not under a flight risk as he is a constitutional functionary and there cannot be any such risk. Then there is no point that there will be non-cooperation when called for questioning and that there cannot be tampering of evidence, Singhvi said. Citing the example of Sisodia, Singhvi said that the Supreme Court order while granting bail to AAP leader had laid down the law that 24 months-plus has passed and chargesheets in CBI case in ED case have been filed. There are thousands of pages of documents. So no evidence cannot be tampered. Singhvi said that Kejriwal is the most captive interrogatee you can find, ever. Just for insurance you arrested me. No substantial material was demonstrated before a special judge to justify my arrest, grounds were vague. And if granted bail I pose no threat to society, Singhvi said. Justice Kant said we will hear both sides but we are wondering how long we should hear in a bail matter, do ordinary mortals get this much time. The ASG said I want as much time as Singhvi. Atleast. The ASG’s arguments started at noon and went on till after Lunch time. The Court then reserved its order.