Excise policy case: Delhi HC upholds Kejriwal’s arrest by CBI, asks him to move trial court for bail

Justice Neena Bansal Krishna dismissed Kejriwal's plea challenging his arrest, holding that it cannot be said it was without any justifiable reason.

New Delhi: The Delhi High Court on Monday rejected a plea by Delhi Chief Minister Arvind Kejriwal to declare his arrest by the CBI as illegal in the liquor policy scam case, saying it cannot be said that this was without any justiciable reasons.

A bench of Justice Neena Bansal Krishna also found no malice on the part of CBI in arresting him on June 26, by upholding validity of the action by the central investigating agency and custodial remand by the special court.

The court noted initially, after registration of FIR on August 17, 2022, the petitioner was examined on April 16, 2023 for 9-10 hours since at that stage he was identified only as a person, who was acquainted with the facts and circumstances of the case.

"The prosecution has explained that respecting his position as a Chief Minister of NCT of Delhi, the police treaded with trepidation and caution and proceeded to collect the evidence from other persons suspected to be the accused," it said.

Consequently, extensive investigations were carried out across India to ascertain the entire web of conspiracy involving numerous persons, the court recorded.

The CBI further explained that it is only after sufficient material was collected against the petitioner over a period of one and a half years, that they sought the sanction for prosecution of the petitioner, which was granted on April 23, 2024.

"The reasons for not proceeding immediately against the petitioner, after registration of the FIR is thus, well explained by the CBI and does not reek of malice," the bench said.

The court felt it is not on account of malice or a well-planned strategy, as argued by the petitioner that the accused was not named as an accused or arrested soon after the registration of the FIR.

"It is only after sufficient evidence was collected and the sanction was obtained in April, 2024 that the CBI proceeded with further investigations in this matter, against the petitioner and his eventual arrest," it said.

The court also noted the petitioner is not an ordinary person but it is the Chief Minister of NCT of Delhi and the convenor of Aam Aadmi Party, which has its Government in Punjab.

"There were links of this crime even in Punjab but the material witnesses were not forthcoming for the simple reason of the influence exercised by the petitioner, by virtue of his position. It is only when he was arrested that the witnesses from the Punjab came forth to get their statements recorded and in fact, two of those witnesses, turned approver against the petitioner," the court said.

The bench also said there was a reasonable suspicion or credible information about the commission of the offence, which were explained in the application for arrest on June 26, 2024.

"There was evidently, enough evidence than has been projected on behalf of the petitioner which justified permission to arrest and to remand the petitioner to the custody," the bench said.

In his plea, Kejriwal contended the arrest was not necessary as he was already under the judicial custody. He also claimed the arrest on June 26 was made without disclosing sufficient reasons.