Kejriwal Challenges Arrest in SC, Seeks Bail

Delhi Chief Minister Arvind Kejriwal has approached the Supreme Court, challenging his arrest by the Central Bureau of Investigation (CBI) in the excise policy case and has also filed a bail plea. This move comes after the Delhi High Court dismissed his earlier petition contesting the arrest, advising him to seek bail from the trial court instead.

The Delhi High Court, in its dismissal, noted that the prosecution had taken a cautious approach out of respect for Kejriwal’s position as Chief Minister of Delhi, conducting extensive investigations across India to uncover the full extent of the alleged conspiracy involving multiple individuals. The court acknowledged Kejriwal’s argument that, as the National Convenor of the Aam Aadmi Party and the sitting Chief Minister of Delhi, he is facing “gross persecution and harassment for wholly malafide and extraneous considerations.”

However, the court found that the CBI’s decision to proceed with the arrest only after gathering sufficient evidence over a period of one and a half years was well justified. The CBI obtained sanction for prosecution on April 23, 2024, and the court found no signs of malice in the investigation.

The court further observed that Kejriwal is not an ordinary citizen but a distinguished figure, noting his Magsaysay Award and his role as the convenor of the Aam Aadmi Party. The prosecution argued that Kejriwal’s influence over witnesses was evident, as they only came forward after his arrest. The court concluded that the investigation’s timeline and actions did not suggest any malice.

While reviewing Kejriwal’s bail plea, Delhi High Court Justice Neena Bansal emphasized the complexity of the case and the extensive evidence on record, suggesting that a comprehensive determination of Kejriwal’s role in the alleged conspiracy is necessary to assess his entitlement to bail. Justice Bansal also pointed out that since the charge sheet has now been filed before the Special Judge, it would be in Kejriwal’s best interest to first approach the Court of Sessions Judge.

This development follows the release of former Delhi Deputy CM and AAP leader Manish Sisodia from Tihar Jail on August 9, after the Supreme Court granted him bail in connection with the Delhi excise policy case, following nearly 18 months of imprisonment.