Excise policy case: Delhi HC issues notice to CBI on Arvind Kejriwal’s bail plea
Arvind Kejriwal
The Delhi High Court on Friday (Jul 5) issued a notice to the Central Bureau of Investigation (CBI) in connection to the bail plea filed by Delhi Chief Minister Arvind Kejriwal in the Delhi excise policy scam case. During the hearing, Justice Neena Bansal Krishna sought the response of CBI. The Court posted the case for further hearing on July 17.
However, the Court also mentioned the fact that Kejriwal has approached the High Court directly for bail, hence, it will hear his plea challenging his arrest by CBI in connection with the liquor policy case.
"Petitioner has moved this court directly without going to the trial court. This contention will be considered at the later stage. CBI to file reply in a week," the High Court said.
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Senior Advocate Abhishek Manu Singhvi, who is representing Kejriwal, argued that the High Court has the jurisdiction to hear the matter.
Senior Advocate Vikram Chaudhari, who also appeared for Kejriwal, said that Section 41A of the Code of Criminal Procedure (on giving notice to accused before arresting him without a warrant) has been violated.
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"Ourargument is that Section 41A has been violated. The trial court has said that 41 A has not been violated that's why we are saying going to the trial court will be a futile exercise," Chaudhari said.
Singhvi added that Section 45 of the Prevention of Money Laundering Act (PMLA) on twin conditions for grant of bail will not apply in CBI cases.
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The CBI arrested Kejriwal from Tihar jail in connection with the now-scrapped liquor policy on June 26 - on the same day when the Delhi HC stayed the decision to grant regular bail to Kejriwal, previously allowed by a trial court.
The Aam Admi Party (AAP) supremo was arrested on March 21 by the Enforcement Directorate (ED) in a case about alleged corruption and money laundering in formulating and executing the Delhi government's excise policy.
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He was released on bail for a brief period during the 2024 Lok Sabha Elections and addressed several public gatherings while campaigning for AAP before going back to prison a couple of days before the counting of votes on June 4.
The Delhi government had implemented the policy on November 17, 2021. But it was scrapped at the end of September 2022. Corruption allegations have been levelled against the party, which AAP denies. AAP lost all seven Lok Sabha seats in Delhi.
(With inputs from agencies)