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Nandini Achhra
Vivekananda institute of professional studies Delhi
New Delhi, July 17, 2024 — Arvind Kejriwal, The Chief Minister of Delhi, has moved to the Delhi High Court challenging his arrest by CBI i.e. Central Bureau of Investigation. It is in connection with the ongoing corruption case related to the excise policy. The trial court’s order dated June 26, that remanded him to three-day CBI custody was also contested by the National convener of AAP. Following this, on June 29, Kejriwal was sent to judicial custody until the order was passed on July 12 by the trial court.
● Background: The Scrapped Excise Policy
The case focuses on the alleged corruption in the now-scrapped Delhi excise policy. The policy aimed to reform the liquor trade in Delhi, but it faced many criticisms and allegations of inconsistencies, leading to its eventual pitfall. The CBI and ED launched investigations into this matter and scrutinized many officials and political figures, including Kejriwal.
● Legal Battle at Rouse Avenue Courts
The significant order for judicial remand of the CM was passed by Special Judge Sunena Sharma of Rouse Avenue Courts.
Counsels representing the CM:- Senior Advocates Abhishek Manu Singhvi, N Hariharan, and Vikram Chaudhari presented a strong defense against the CBI's actions. The CBI was represented by Special Public Prosecutor (SPP) DP Singh.
● Singhvi's Arguments: An 'Insurance Arrest
Singhvi contended that Kejriwal's arrest by the CBI was an "insurance arrest," arguing it was a master plan after the granting of interim bail by the Supreme Court on a related case by the Enforcement Directorate (ED) under the Prevention of Money Laundering Act (PMLA).
During the proceedings, Singhvi emphasized that despite the Apex Court's interim bail, Kejriwal found himself "back to square one" due to what he termed an "insurance arrest." He asserted, “Because those who want it, by hook or by crook, he is behind bars.”
Singhvi further argued that Kejriwal had three release orders in his regard, pointing out that the CBI's arrest was strategically planned. He figured out that the CBI's plea before the trial court, to arrest Kejriwal was not accompanied by any prior notice, which is an essential ingredient for the arrest.
● A Flawed Judicial Process?
Referring to the trial court's order, Singhvi highlighted that the application was planned abruptly, without allowing Kejriwal the opportunity to be heard or providing any prior notice to him. This, according to Singhvi, scores for a flawed judicial process.
On July 17, the Delhi High Court reserved their order on Kejriwal's plea challenging his arrest by the CBI in the excise policy case. The court also reserved another order on Kejriwal's interim bail plea and fixed July 29 for the regular bail plea hearing.
● Comparing CBI and ED Cases
Singhvi contended that if bail has been granted under the strict provisions of PMLA, it should also be considered in the CBI cases as well. He upheld that the CBI did not point to Kejriwal in its first FIR filed in 2022 and only dragged him into custody nearly two years later, in August 2024.
Kejriwal's arrest and the ongoing legal battle have drastic political implications. The legal actions of the chief minister of Delhi and a prominent leader of the Aam Aadmi Party (AAP), have drawn the most controversial topic in the political field right now, drawing attention from most of the world's political leaders. The ongoing case has also lighted up the debates on the use of investigative agencies in political matters.
● Conclusion
As this continues, the legalities of the case highlight the sophisticated interplay between law, politics, and governance. Kejriwal's challenge to his arrest by the CBI points out the contentious nature of the excise policy case and its potential impact on the political leaders. The upcoming decisions by the Delhi High Court will be crucial in determining the next phase of politics.
To sum up, the Delhi CM has not yet been named as an accused in the ongoing corruption case but has already been linked to the money laundering case, strategically. The ED’s argument supported that money laundering was a separate and a different offense altogether and that it did not depend on the existence of a predicate offense.
Public and political reactions to this political arrest attract deep divisions in perspectives and opinions. Those who are in favor of Kejriwal, see this as a politically planned attack, while critics are insisting that it is a necessity of political scrutiny. The court's forthcoming decisions on July 29 will be significant in deciding the trajectory of this high-profile case and its impact on Delhi's governance. As the case moves ahead, the interplay of law and politics becomes even more evident, thus highlighting the complexities arising out of the collision of law and politics. The outcome of Kejriwal’s legal battle will not only anticipate his political career but also will set a significant precedent for all the political figures.
● References
Bureau, T.H. (2024) Delhi excise policy case: Kejriwal challenges arrest, CBI custody in High Court, The Hindu. Available at: https://www.thehindu.com/news/national/delhi-excise-policy-case-kejriwal-challenges-arrest-cbi-custody-in-high-court/article68354575.ece (Accessed: 17 July 2024).
Thapliyal N, ‘Arvind Kejriwal’s CBI Arrest “insurance Arrest” against Release in Ed Case, Singhvi Argues; Delhi High Court Reserves Verdict’ (Live Law, 17 July 2024) <https://www.livelaw.in/high-court/delhi-high-court/arvind-kejriwals-cbi-arrest-insurance-arrest-against-release-in-ed-case-singhvi-argues-delhi-high-court-reserves-verdict-263642> accessed 17 July 2024
Delhi CM Arvind Kejriwal challenges CBI arrest in alleged excise policy scam, CNBC TV18 (July 1, 2024), https://www.cnbctv18.com/india/politics/delhi-cm-arvind-kejriwal-challenges-cbi-arrest-in-alleged-excise-policy-scam-19436281.htm.(Accessed: 17 July 2024).
Delhi HC reserves order on Arvind Kejriwal's plea challenging arrest by CBI, https://www.moneycontrol.com/news/india/delhi-hc-reserves-order-on-arvind-kejriwals-plea-challenging-his-arrest-by-cbi-12770927.html.(Accessed: 17 July 2024)
Arvind Kejriwal moves Delhi HC against CBI arrest in excise policy case, Today News (July 1, 2024), https://www.livemint.com/news/india/arvind-kejriwal-moves-delhi-hc-against-cbi-arrest-in-excise-policy-case-11719813449875.html.(Accessed: 17 July 2024)
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