The Supreme Court is hearing Delhi Chief Minister Arvind Kejriwal’s petitions seeking bail and challenging his arrest in the CBI case linked to the capital’s now-scrapped liquor policy. A bench of Justice Surya Kant and Justice Ujjal Bhuyan is hearing the matter.
The top court has earlier granted interim bail to the Aam Aadmi Party (AAP) leader in the Enforcement Directorate (ED) case against him, but he remains in jail in the CBI case. This means that if the Supreme Court gives him the relief, the Delhi Chief Minister will walk out of prison after over five months.
The CBI arrested Mr Kejriwal on June 26. The Delhi High Court on August 5 upheld his arrest as legal and said the CBI was able to establish that the AAP leader could influence witnesses.
Appearing for Mr Kejriwal, Senior Advocate Abhishek Singhvi said this is an unprecedented matter. The Delhi Chief Minister, he said, has got relief twice under the stringent Prevention of Money Laundering Act. The CBI, he said, had done as “insurance arrest”.
The CBI, he said, had arrested Mr Kejriwal after two years. “Three court orders are in my favour. This is an insurance arrest, so that he can be kept in jail,” Mr Singhvi said.
Mr Singhvi said the Supreme Court needs to address three questions — is there a flight risk? will he tamper with evidence? will he influence witnesses?
The only basis for CBI’s arrest, he said, was that Mr Kejriwal was not cooperating. This issue, Mr Singhvi said, had been addressed in the past judgments that say an accused cannot be expected to incriminate himself.
“Arvind Kejriwal is a constitutional functionary and cannot be a flight risk. There can’t be tampering, there are lakhs of documents, five chargesheets have been filed. There is also no risk of influencing witnesses. The triple test for bail is in my favour,” he said.
