Delhi Excise Policy Case: 'Arvind Kejriwal not a flight risk,' Abhishek Manu Singhvi tells SC

Supreme Court on Thursday granted interim bail to Delhi Chief Minister and Aam Aadmi Party (AAP) national convenor Arvind Kejriwal. Senior advocate Abhishek Manu Singhvi, who appeared for Kejriwal, stated that the latter is not a threat to the society.

The top court was hearing Kejriwal's petitions challenging his arrest by the Central Bureau of Investigation (CBI) in connection with the Delhi excise policy case and seeking regular bail. The central agency filed its fourth supplementary chargesheet on July 30 this year. 

This chargesheet named Arvind Kejriwal, Satyender Jain, Vinod Chauhan, Amit Arora, P Sarath Reddy and Ashish Mathur as accused in the case. The chargesheet also alleged that the AAP national convenor is one of the main conspirators in the case. 

Singhvi told the apex court that Kejriwal was not named in the FIR, newswire PTI reported. The top court also pulled up the Central Bureau of Investigation (CBI) for arresting Kejriwal while he was still in judicial custody. 

"Arvind Kejriwal is a constitutional functionary, not a flight risk," Singhvi told the top court. He also claimed that there is no new evidence in the case against Kejriwal since January besides the statement by Magunta in January.

He further claimed that the CBI arrested Kejriwal on June 26 this year even though no arrest took place since the last 2 years. Singhvi called Kejriwal's incarceration by the central agency a case of "insurance arrest."

Abhishek Singhvi further stated that the Supreme Court needs to conduct a triple test -- (a) if he is a flight risk, (b) if he will tamper with evidence, and (c) will he influence witnesses.

After Singhvi's defence, the Supreme Court bench said that the court's permission is needed in order to arrest somebody from custody. "When you are in custody... if you are arresting him again then you need permission of the court. There is something in the criminal procedure code," the Supreme Court said. 

Senior advocate Singhvi said that there should be safeguards regarding arrests made while a person is still in custody. "You can't be trigger happy... You can't just barge in to arrest without any basis," Singhvi said. Meanwhile, the Delhi High Court has extended Arvind Kejriwal's judicial custody till September 11.