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Synopsis

The Supreme Court has today 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.

A bench of Justices Surya Kant and Ujjal Bhuyan had earlier refused to grant interim bail to Kejriwal, while issuing notice on the petition.

The court today heard Senior Advocate AM Singhvi appearing for Kejriwal and Additional Solicitor General SV Raju, on behalf of CBI.

Notably, ASG Raju expressed his objection to Kejriwal directly approaching the top court. "All Aam Aadmis have to go to sessions court first. But he doesn't. Kejriwal cannot surpass approaching lower courts first. This cannot be done unless there are exceptional circumstance. The only exceptional circumstance here is that Kejriwal is influential", the ASG submitted.

The ASG further submitted that the practice of treating Supreme Court as court of first instance should be deprecated. "Kejriwal should use hierarchy of courts and not directly come to SC just because he is influential and can afford it", ASG Raju added.

Top Court has also been told that all other accused persons that were named have gone to other courts, including being relegated to trial court by high courts.

ASG Raju also argued upon the court not being provided with a copy of the chargesheet filed by CBI. "He cannot file for a regular bail without annexing the chargesheet...he has suppressed material before this court, he does not want this court to look at the chargesheet...HOW CAN THIS BE DONE...YOU CANNOT CONCEAL THIS MATERIAL AND ASK FOR BAIL, therefore on this ground this application HAS TO GO HOME..", he said.

As the hearing came to the close, Justice Kant also expressed his apprehensions over the time being taken by the counsels. "A bail matter has consumed the whole day...please see..there are other litigants..", Justice Kant said.

Kejriwal is in the Supreme Court after the Delhi High Court's dismissal of his petition against his arrest by the CBI in the liquor policy scam case.

While CBI has termed Kejriwal as the 'sutradhar' (mastermind) of the policy scam, the High Court's single judge bench of Justice Neena Bansal Krishna held, “The arrest of Arvind Kejriwal by the CBI was legal”. 

A month back, 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