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Justice Bhuyan has noted that even on the date of his arrest by the CBI on June 26, 2024, Kejriwal was not named as an accused by the CBI and only in the last chargesheet filed by the CBI on July 29, 2024, he was named as an accused
An arrest by the CBI was perhaps only to frustrate the bail granted to Arvind Kejriwal in the ED case, Justice Ujjal Bhuyan of the Supreme Court has observed.
These observations have been made by the judge in his separate view in the judgment granting bail to Delhi Chief Minister Arvind Kejriwal in the case registered by Central Bureau of Investigation relating to the liquor policy scam.
As per Justice Bhuyan, CBI did not feel the need and necessity to arrest Kejriwal from August 17, 2022, when the CBI case was registered, till June 26, 2024 i.e. for over 22 months.
"It was only after the learned Special Judge granted regular bail to the appellant in the ED case that the CBI activated its machinery and took the appellant into custody. Such action on the part of the CBI raises a serious question mark on the timing of the arrest; rather on the arrest itself. For 22 months, CBI does not arrest the appellant but after the learned Special Judge grants regular bail to the appellant in the ED case, CBI seeks his custody", Justice Bhuyan has outlined.
The top court judge has further held CBI to be definitely wrong in saying that because Kejriwal was evasive in his reply, and because he was not cooperating with the investigation, therefore, he was rightly arrested and now should be continued in detention.
"It cannot be the proposition that only when an accused answers the questions put to him by the investigation agency in the manner in which the investigating agency would like the accused to answer, would mean that the accused is cooperating with the investigation", the judgment adds.
Referring to the cardinal principle under Article 20(3) of the Constitution of India that no person accused of an offence shall be compelled to be a witness against himself, the judge has said, "No adverse inference can be drawn from the silence of the accused. If this is the position, then the very grounds given for arrest of the appellant would be wholly untenable. ON such grounds, it would be a travesty of justice to keep the appellant in further detention in the CBI case, more so, when he has already been granted bail on the same set of allegations under the more stringent provisions of PMLA."
A week back, the Supreme Court had reserved its verdict in the petition filed by Delhi Chief Minister Arvind Kejriwal, who has challenged the Delhi High Court's dismissal of his petition against his arrest by the CBI in the liquor policy scam case.
Recently, the Chief Minister was granted interim bail in the Delhi liquor policy scam in the case by Enforcement Directorate noting that he had been incarcerated for over 90 days. The court said, "He is the Chief Minister of a state and the elected leader. Considering his right to life and liberty and the fact that he has been in jail for over 90 days, we are of the view that Kejriwal is entitled to be released on interim bail”.
The Delhi CM was arrested on March 21st this year by the ED and obtained Supreme Court bail for campaigning but faced challenges in subsequent appeals. After obtaining interim bail in the ED case on July 12, he continues to be in custody on account of his arrest by CBI.
The Rouse Avenue Court had authorized the CBI to question Chief Minister Arvind Kejriwal regarding the defunct liquor excise policy.
Case Title: Arvind Kejriwal vs. Central Bureau of Investigation
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