Delhi HC Dismisses Kejriwal’s Challenge to CBI Arrest in Excise Policy Case

The Delhi High Court has rejected Arvind Kejriwal’s plea challenging his arrest and subsequent remand by the Central Bureau of Investigation in the Delhi excise policy case.

In a significant legal setback for Kejriwal, a bench led by Justice Neena Bansal Krishna ruled that the CBI’s actions were justified and could not be deemed illegal. The court stated, “It cannot be said that the arrest was without any justifiable reasons or illegal.”

Alongside dismissing Kejriwal’s plea the court also disposed of his bail application advising him to seek relief from the trial court instead. 

Kejriwal had initially approached the high court last month, contesting his arrest by the CBI and seeking regular bail. He argued that his detention violated the guidelines established by the Supreme Court in the Arnesh Kumar vs State of Bihar case and section 41A of the Code of Criminal Procedure (CrPC).

The CBI arrested Kejriwal shortly after he secured bail in a related money laundering case being investigated by the Enforcement Directorate (ED) concerning the Delhi excise policy. However, the court later stayed his bail order.

During subsequent hearings, the CBI referred to Kejriwal as the “sutradhar” or orchestrator of the alleged scam. The CBI’s counsel, DP Singh, informed the court that new evidence had emerged implicating Kejriwal in the case.

The agency submitted that Kejriwal as head of the cabinet had signed off on the controversial excise policy circulated it among his colleagues and obtained their signatures within a single day. The CBI also claimed that testimony from C. Aravind an IAS officer under former Delhi Deputy Chief Minister Manish Sisodia indicated Kejriwal’s direct involvement. According to the CBI Aravind stated that Vijay Nair brought a copy of the excise policy for entry into the computer while Kejriwal was present.

Kejriwal’s counsel, Dr. Abhishek Manu Singhvi, argued that there was no direct evidence linking Kejriwal to any wrongdoing. Both the CBI and ED have accused Kejriwal and other AAP leaders of granting undue advantages to certain businessmen and politicians in exchange for kickbacks under the now-defunct Delhi excise policy.