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SC adjourns hearing on Kejriwal’s pleas challenging CBI arrest till September 5
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SC adjourns hearing on Kejriwal’s pleas challenging CBI arrest till September 5

SC adjourns hearing on Kejriwal’s pleas challenging CBI arrest till September 5

New Delhi: The Supreme Court on Friday adjourned to September 5 the hearing on Delhi Chief Minister Arvind Kejriwal’s pleas seeking bail and challenging the CBI’s arrest in the alleged excise policy fraud. A bench of Justices Surya Kant and Ujjal Bhuyan allowed the CBI to file its counter-affidavit in the case and granted Kejriwal two days to file a reply.

Senior advocate Abhishek Singhvi, representing Kejriwal, said the CBI filed a counter-affidavit in only one of the pleas and it was handed over to them at 8 pm on Thursday. ASG SV Raju said they will file the counter-affidavit in another plea within a week.

The court then posted the case for further hearing on September 5. Kejriwal has filed two separate petitions challenging the denial of bail and his arrest by the CBI in the case. He has challenged the August 5 orders of the Delhi High Court.

On August 14, the Supreme Court had refused to grant Kejriwal interim bail in the case and sought a response from the investigating agency on his plea challenging his arrest. Kejriwal was arrested by the CBI on June 26. The Delhi High Court had on August 5 upheld the arrest of the prime minister as legal and said there was no malice in the CBI’s actions, which could show how the AAP supremo could influence witnesses who could muster the courage to testify only after his arrest.

The Supreme Court had asked him to move the trial court to grant regular bail in the CBI case. The Supreme Court had observed that the evidence loop against the Prime Minister was closed after collection of relevant evidence after his arrest by the CBI and it cannot be said that it was without any justification or illegal.

It said that Kejriwal is not an ordinary citizen but a prominent recipient of the Magsaysay Award and the convener of the Aam Aadmi Party. “The control and influence he has over the witnesses is prima facie confirmed by the fact that these witnesses could muster the courage to testify only after the arrest of the petitioner, as pointed out by the special prosecutor.

“It also finds that the loop of evidence against the petitioner was closed after collection of relevant evidence after his arrest. No malice can be inferred from the actions of the respondent (CBI),” the top court had said. The high court had dismissed Kejriwal’s plea challenging his arrest, saying the agency would initiate further investigation against him only after sufficient evidence was collected and sanction was obtained in April 2024.

It had noted that the links to the crime extended even to Punjab, but material witnesses did not come forward due to the influence Kejriwal wielded by virtue of his position. Only after he was arrested did the witnesses come forward to record their statements, the high court had said.

The chief minister, who was arrested by the ED on March 21, was granted bail by the trial court on June 20 in the money laundering case. However, the trial court order was stayed by the Supreme Court. On July 12, the Supreme Court granted him interim bail in the money laundering case. The excise policy was scrapped in 2022 after the Delhi Lt. Governor ordered a CBI probe into alleged irregularities and corruption related to its formulation and implementation.

According to the CBI and the ED, irregularities were committed in changing the excise policy and unlawful favours were granted to permit holders.