Delhi Chief Minister Arvind Kejriwal’s Lawyer Argues for Bail in CBI Case

Delhi Chief Minister Arvind Kejriwal’s lawyer, Vivek Jain, argued on Monday that there is no reason to keep the Aam Aadmi Party (AAP) leader in jail while his trial is ongoing. Responding to the Central Bureau of Investigation (CBI) filing charges against Kejriwal, Jain said, “The Enforcement Directorate (ED) has stricter rules, and we got bail in that case. So, in the CBI’s case, Delhi CM Arvind Kejriwal should also get bail. Now that the chargesheet is filed, he cannot run away.”

Jain added, “Keeping him in jail during the trial, which will take a long time, is pointless. We are hopeful to secure regular bail for Arvind Kejriwal.”

The CBI filed a chargesheet against CM Kejriwal and others in the Rouse Avenue Court regarding the excise policy case on Monday. Recently, the Delhi High Court reserved its decision on Kejriwal’s plea challenging his CBI arrest and his request for interim bail.

During the hearing, CBI lawyer DP Singh said that Kejriwal’s claims are wrong and that there is no need to re-evaluate the evidence during the investigation. He stated that the investigation is ongoing and includes the collection of evidence. The CBI argued that they have enough evidence to justify Kejriwal’s arrest and that it is their right to interrogate and arrest the accused according to the law.

The CBI said that since Kejriwal was uncooperative during his June 25 interrogation, custodial interrogation is necessary to uncover the truth. According to the CBI, Section 41-A CrPC does not prevent arresting someone suspected of a crime punishable by up to seven years in prison. The investigating officer must be convinced that the arrest is necessary and record the reasons.

Senior Advocate Abhishek Manu Singhvi, representing Kejriwal, argued that the case is an “insurance arrest.” “I have three release orders in my favour, under stricter conditions. The Supreme Court recently granted him indefinite bail. My client also got bail in the ED case from the trial court, which was later stayed by the Delhi High Court. The CBI FIR is from August 17, 2022. I am not named in that. In April, I was summoned as a witness under Sec. 160 CrPC,” Singhvi said.

Singhvi also said Kejriwal’s CBI arrest was unnecessary. “The dates are telling. The trial court gave me regular bail under PMLA on June 20. Four days later, the CBI questioned me in custody and arrested me on June 26. I never received a copy of the application. No notice was given, and the order was passed without hearing me,” he said.

Singhvi pointed out that Imran Khan was released but then re-arrested in another case. He said this shouldn’t happen in India. Singhvi added that the trial court allowed the CBI’s request for production warrants even though they interrogated him for almost three hours on June 25.

The Delhi Chief Minister approached the Delhi High Court, arguing that as the leader of a national political party and the sitting Chief Minister of Delhi, he is being unfairly targeted. He is seeking regular bail and has also challenged his arrest and the routine remand orders by the trial court. The High Court heard his plea on July 2, issued a notice, and scheduled a hearing for July 17.