Excise policy case: CM Kejriwal moves Delhi HC against his arrest by CBI

The Delhi Chief Minister Arvind Kejriwal on Monday approached Delhi High Court against his arresting by the Central Bureau of Investigation (CBI) in Excise Policy case. He has also challenged the trial Court order of June 26, sending him to three days of Custodial remand to CBI and observing his arrest legal.

The Rouse Avenue Court of Delhi on Saturday sent Delhi Chief Minister Arvind Kejriwal to Judicial custody in connection with Excise policy case.

The CBI alleged that during the police custody remand, the accused Arvind Kejriwal has been examined/ interrogated. However, he did not co-operate with the investigation and deliberately gave evasive replies contrary to the evidences on record.

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

He also could not explain as to why during the peak of 2nd wave of Covid, the Cabinet approval for revised Excise Policy was obtained through circulation in hurried manner within 01 day, when the accused persons of the South Group were camping in Delhi and holding meetings with his close associate Vijay Nair.

He evaded the questions regarding the meetings of his associate Vijay Nair with various stake holders of liquor business in Delhi and demanding illegal gratification from them for favourable provisions in the upcoming Excise Policy, the CBI added.

He also could not give proper explanation regarding his meeting with Magunta Sreenivasulu Reddy, accused Arjun Pandey and accused Mootha Gautham of India Ahead News. He also evaded the questions regarding the transfer and utilization of ill-gotten money to the tune of Rs.44.54 crores in Goa Assembly Elections by his party during 2021-22, 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 CBI said.

CBI alleged that he is deliberately and intentionally evading the just and relevant questions related to the case.

He, being a prominent politician and Chief Minister of Delhi, is a very influential person, as such, there are credible reasons to believe that, he may influence the witnesses and evidences already exposed before him during the custodial interrogation and also the potential witnesses, who are yet to be examined, tamper with the evidence to be further collected and may hamper the ongoing investigation, the CBI added.

On June 26, the trial court's vacation judge had sent Arvind Kejriwal into 3 days Custodial Remand of CBI.

Arvind Kejriwal himself addressed the court and said, "CBI is claiming that I have made a statement against Manish Sisodia. which is completely false. Manish Sisodia Nirdosh hai, Aam Aadmi Party Nirdosh hai. main bhi nirdosh hun. Iss Tarah ke statements hamme media me badnam Karne ke liye diye ja rahe hai."

He also added that, "CBI sources ke hawale se media me hamme badnam kar rahe rahe hai. Inka plan hai ki media front page ye chala de ki Kejriwal ne sara thikra Manish Sisodia pe daal diya."

However, the Court on this said, "apki statement maine pad liya hai... apne aisa nahi bola."

CBI counsel earlier alleged that on May 25, 2021 policy was notified. Before this first attempt was made to meet liquor barron. Policy wasnt yet notified. But process of finding suitors started?

Meanwhile Senior Advocate Vikram Chaudhari appeared for Arvind Kejriwal opposed the remand application moved by CBI and said CBI have filed four chargesheets till now and now arresting me and it still have to identify some persons through me? Is this a valid reason for arrest?

Kejriwal lawyer further added that, according to CBI I gave evasive replies during my examine/Interrogation in Tihar jail. The investigation officer of the case calling it evasive because the only reply they want is my admission of guilt.

Chaudhri questions the timing of arrest: They were waiting for the pronouncement of my bail order. They could've arrested me on June 2 when I surrendered. The materials must be perused by the Court before granting them (the CBI) the custody of Kejriwal.

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

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

The Delhi High Court on recently stayed Chief Minister Arvind Kejriwal's bail order passed by the trial court, saying that the trial court should have at least recorded its satisfaction with the fulfilment of twin conditions of section 45 of Prevention of the Money Laundering Act (PMLA) before passing the impugned order.