Arvind Kejriwal’s plea challenging CBI arrest in Delhi excise ‘scam’ case dismissed: ‘Cannot say arrest was illegal’

Delhi excise policy scam case: The Delhi High Court on Monday dismissed Chief Minister and Aam Aadmi Party (AAP) leader Arvind Kejriwal's plea challenging his arrest by the Central Bureau of Investigation (CBI) in the Delhi liquor policy case. The high court said the chief minister could approach the trial court for relief.

Justice Neena Bansal Krishna dismissed Kejriwal's plea challenging his arrest, holding that it cannot be said that it was without any justifiable reason. “It cannot be said that the arrest was without any justifiable reasons or illegal,” the bench stated.

The Delhi High Court also disposed of the AAP national convenor’s bail plea and granted him the liberty to approach the trial court for relief.

Arvind Kejriwal was arrested by the CBI on June 26 from Tihar Jail, where he was lodged in judicial custody in a connected money laundering case filed by the Enforcement Directorate (ED).

The Delhi 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 its formulation and execution.

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

What did CBI and Kejriwal's counsel argue in court?

On Monday, CBI counsel DP Singh argued that witness testimonies and 164 court statements implicate Delhi Chief Minister Arvind Kejriwal in the excise policy case, despite a lack of direct evidence.

The CBI counsel further submitted that C Aravind, an IAS officer under Manish Sisodia, testified that Vijay Nair brought a copy of the excise policy to be entered into the computer, and Arvind Kejriwal was present at that time. This, according to the CBI, indicates Kejriwal's direct involvement in the matter.

Singh revealed that ₹44 crore related to the case were traced to Goa and noted that Kejriwal advised candidates to focus on elections rather than funds. He emphasised that the final chargesheet is filed, and the trial is set to begin.

Senior Advocate Abhishek Manu Singhvi, representing Arvind Kejriwal, claimed the case is an “insurance arrest” and highlighted that Kejriwal has previously been granted bail in related cases.

Singhvi argued that the policy in question was developed through extensive inter-ministerial consultations and that Kejriwal faces undue persecution.