Excise policy case: Delhi HC to hear Kejriwal’s plea against arrest by CBI today

On July 1, CM Kejriwal was denied two additional meetings with his lawyers through video conferencing (VC) from Tihar Jail by the Rouse Avenue court.

New Delhi: The Delhi High Court will hear Chief Minister Arvind Kejriwal’s petition on Tuesday against his arrest by the Central Bureau of Investigation (CBI) in connection with the ongoing probe into the alleged Excise policy scam.

On July 1, CM Kejriwal was denied two additional meetings with his lawyers through video conferencing (VC) from Tihar Jail by the Rouse Avenue court.

Special judge Kaveri Baweja dismissed the application moved on behalf of Kejriwal. The special judge said, “Learned counsel for the applicant has failed to convince the court as to how the applicant is entitled to two additional legal meetings through VC on the same grounds which have been discussed and dealt with in the earlier order. There appears to be no reason whatsoever to take a different view based on the contents of the application under consideration.”

It also said that it is not in dispute that a similar application filed by the applicant seeking the same relief of additional legal meetings with his lawyers was dismissed by this court vide a detailed order of April 10, 2024.

It was submitted that Kejriwal is facing about 30 litigations throughout the country and requires two additional meetings with his lawyers through VC to discuss the cases and claim his right to a fair trial.
The counsel for Kejriwal also submitted that, after filing this application, the applicant has been arrested in one more case by the CBI. Further, co-accused Sanjay Singh was allowed additional legal meetings by an order of February 22, 2024.

The CBI, during the hearing, submitted that during the police custody remand, the accused Arvind Kejriwal had been examined/ interrogated. However, he did not cooperate with the investigation and deliberately gave evasive replies contrary to the evidence on record.

On being confronted with the evidence, he did not give a proper and truthful explanation regarding the enhancement of the profit margin for wholesalers from 5 per cent to 12 per cent under the new Excise Policy of Delhi 2021-22, without any study or justification, the CBI said.

In the light of aforesaid facts and circumstances, the further custodial interrogation of the accused Arvind Kejriwal is not required at this stage, the agency submitted.

On June 26, the CBI arrested the Aam Aadmi Party (AAP) national convenor Kejriwal after a Vacation Judge of the Delhi Court allowed the CBI to examine/interrogate him in the courtroom so that the agency could proceed with his formal arrest.

The court also asked the CBI to place on record the material that they have for his arrest.