Delhi CM Arvind Kejriwal moves Supreme Court against CBI arrest order in excise policy case

Delhi Chief Minister Arvind Kejriwal has moved the Supreme Court against the Delhi High Court order upholding his arrest by the CBI in a corruption case related to the alleged excise policy scam. The Supreme Court subsequently agreed to consider listing for hearing a plea. The Delhi High Court had on August 5 upheld the arrest of the chief minister as legal, stating there was no malice in the acts of the Central Bureau of Investigation (CBI) and that his arrest demonstrated how he could influence witnesses. 

Senior advocate Abhishek Singhvi, representing Arvind Kejriwal, requested an urgent hearing before a bench including Chief Justice D Y Chandrachud, Justices JB Pardiwala, and Manoj Misra. Singhvi mentioned that bail pleas of other accused under the Prevention of Money Laundering Act (PMLA) are already scheduled for hearing. 

The high court had observed that the evidence against Kejriwal was collected after his arrest by the CBI and was not without justification or illegal. It noted that Kejriwal is a Magsaysay Award recipient and the convenor of the Aam Aadmi Party. The high court highlighted that witnesses came forward only after Kejriwal's arrest, showing his influence over them. It concluded that the evidence loop was closed after his arrest and found no malice in the CBI's actions.

The high court, while upholding his arrest, had asked Kejriwal to approach the trial court first for regular bail. The chief minister, who was arrested by the ED on March 21, was granted bail by the trial court in the money laundering case on June 20. 

However, the trial court's order was stayed by the high court. On July 12, the Supreme Court granted him interim bail in the money laundering case. The excise policy was scrapped in 2022 after the Delhi lieutenant governor ordered a CBI probe into alleged irregularities and corruption in the formulation and execution of the policy. 

According to the CBI and the ED, irregularities were committed while modifying the excise policy and undue favours were extended to licence holders.

Meanwhile, last week on Friday, senior AAP leader Manish Sisodia walked out of Tihar Jail after 17 months in custody. He expressed confidence that this same power of the Constitution and democracy would secure the release of Arvind Kejriwal, who is also in Tihar Jail in the same case. The Supreme Court granted Sisodia bail in corruption and money laundering cases related to the Delhi excise policy 'scam', citing his prolonged incarceration without trial as a violation of his right to speedy justice.