Excise policy: SC reserves verdict on Kejriwal’s plea seeking bail in CBI case

New Delhi: The Supreme Court on Thursday (September 5) reserved its verdict on two separate pleas filed by Delhi Chief Minister and Aam Aadmi Party (AAP) Arvind Kejriwal challenging his arrest by the Central Bureau of Investigation (CBI) in an excise policy-linked corruption case and seeking bail in the excise policy-linked corruption case

A bench comprising Justice Surya Kant and Justice Ujjal Bhuyan reserved its verdict after hearing submissions from senior advocate Abhishek Manu Singhvi, who appeared for Kejriwal, and Additional Solicitor General (ASG) SV Raju, who appeared for the CBI.

What did Kejriwal submit before the apex court?

Senior advocate Abhishek Manu Singhvi, representing Kejriwal, raised questions on the arrest of Kejriwal in the corruption case and termed his arrest by the CBI an “insurance arrest” to ensure that he is kept behind the bars after getting bail in the excise policy-linked money laundering case. He said that the CBI did not arrest Kejriwal for nearly two years in the alleged excise policy-linked corruption case and an “insurance arrest” was made by the CBI on June 26 after he was granted bail in the money laundering case filed by the Enforcement Directorate (ED).

Singhvi further stated that no notice by the CBI was served to Kejriwal before arrest and an ex-parte arrest order passed by the trial court. Urging the court to grant him bail, Singhvi told the court that he is a constitutional functionary and was not a flight risk, was not named in the CBI FIR and has been granted bail in the harsher money laundering court by the trial court and the Supreme Court.

CBI opposed Kejriwal’s plea seeking bail in corruption case

The CBI has opposed Kejriwal’s pleas and urged the apex court not to grant him bail in the corruption case. Additional Solicitor General (ASG) SV Raju, who appeared for the CBI, raised questions on the maintainability of Kejriwal’s plea seeking bail without approaching the trial court and said that Kejriwal should go to trial court for bail. The ASG further said that notice to Kejriwal was not issued by the CBI under section section 41A of CrPC as he was already in judicial custody in the money laundering case.

Kejriwal moved the apex court against Delhi High Court orders

Kejriwal had moved the Supreme Court challenging the orders of the Delhi High Court, which upheld his arrest by the CBI in the excise policy-linked corruption case and asked him to move the trial court for bail.

Apex court granted Kejriwal interim bail in money laundering case

Kejriwal was also arrested by the Enforcement Directorate (ED) in the money laundering case arising out of CBI FIR and the apex court, while referring Kejriwal’s plea challenging his arrest in the money laundering case to a larger bench of the apex court, granted him interim bail in the money laundering case on July 12.

Apex court recently granted regular bail to Sisodia, Kavitha in excise policy cases

The apex court recently granted regular bail to former Delhi Deputy Chief Minister Manish Sisodia and Bharat Rashtra Samithi (BRS) leader K Kavitha in corruption and money laundering cases connected with the alleged irregularities in the formulation and implementation of the now-defunct Delhi Excise Policy. The apex court also granted bail to former AAP communications in-charge Vijay Nair in the money laundering case.

Kejriwal was first arrested by ED in money laundering case on March 21

Kejriwal, who is currently lodged in the judicial custody in Tihar Jail in the excise policy-linked corruption case, was first arrested by the ED in the excise policy-linked money laundering case on March 21 and later, he was arrested by the CBI in the corruption case on June 26.

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