Arvind Kejriwal bail hearing: SC scolds CBI for arresting Delhi CM without court's approval
File photo of Delhi Chief Minister Arvind Kejriwal
India’s Supreme Court on Thursday (Sep 5) reprimanded the Central Bureau of Investigation (CBI) for arresting Delhi Chief Minister Arvind Kejriwal in the liquor policy case while he was in judicial custody with the Enforcement Directorate (ED). India’s top court passed its remarks while hearing the Delhi CM’s plea for regular bail and challenging his arrest by the CBI.
The court, on Thursday, reserved its order in the case after hearing arguments from both sides. The verdict is expected to be out on Tuesday (Sep 10).
The apex judicial body noted that the federal agency required the permission of the court to do so.
"When you are in custody... if you are arresting him again, then you need the permission of the court. There is something in the criminal procedure code," the SC said.
It must be noted that the Delhi CM was first detained by the ED on March 21 in the liquor policy case. He was then arrested by the CBI on June 26 in a corruption case. The apex court had granted Kejriwal bail in the ED case on July 12 but he continues to be behind bars due to the arrest made by the CBI.
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Senior advocate Abhishek Manu Singhvi, who was appearing for Kejriwal, urged the court to frame safeguards regarding such moves by the federal agency.
"I am the most captive interrogatee you can find, ever. Just for insurance you arrested. No substantial material was demonstrated to justify my arrest. The grounds were vague," Singhvi argued before the court.
The senior advocate argued that he was not a flight risk and was found “fit for release” by the Supreme Court twice, referring to the interim bail in May and then in July.
"A man who is a constitutional functionary cannot be a flight risk. He is not a threat to society. Not a hardened criminal. The cooperation that is required is that he goes when called for trial," Singhvi said.
CBI’s argument
Additional Solicitor General (ASG) SV Raju was representing the CBI. He argued that Kejriwal approached the High Court without seeking relief from the Sessions Court.
"This adventurism on his (Kejriwal) part to ask the Supreme Court to decide his bail plea as the first court should not be entertained at all. The preliminary objection is that he should first seek relief from the trial court, which is the appropriate court to assess the merits," the ASG said.
(With inputs from agencies)