Arvind Kejriwal Arrest Case: SC Questions CBI

The Supreme Court has recently criticized the Central Bureau of Investigation (CBI) for arresting Delhi Chief Minister Arvind Kejriwal in the liquor policy case while he was already in judicial custody. The court is currently hearing Kejriwal’s plea challenging his arrest by the CBI and his request for regular bail. This legal battle has brought significant attention to the procedural conduct of the investigating agencies and the rights of those under judicial custody.

Supreme Court Questions CBI’s Conduct

During the hearing, the Supreme Court emphasized that the CBI needed court permission to arrest an individual already in custody, as per the criminal procedure code. Senior advocate Abhishek Manu Singhvi, representing Kejriwal, argued that safeguards must be implemented to prevent arbitrary arrests. He accused the CBI of acting without a substantial basis, stating, “You can’t just barge in to arrest without any basis.”

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Kejriwal was first arrested by the Enforcement Directorate (ED) on March 21 in connection with a money laundering case related to the alleged liquor policy scam. He was later arrested by the CBI on June 26 in a separate corruption case. Although the Supreme Court granted him bail on July 12, he remains in Tihar Jail due to the CBI’s actions.

Kejriwal’s Argument Against CBI’s Arrest

Singhvi contended that the CBI’s arrest was an “insurance arrest,” timed to prevent Kejriwal’s release. He argued that all co-accused, including AAP leaders Manish Sisodia, Sanjay Singh, Vijay Nair, and BRS leader K Kavitha, were granted bail, pointing out the inconsistencies in the CBI’s approach.

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Singhvi highlighted Kejriwal’s compliance with the law, noting that the Delhi Chief Minister was not a flight risk or a threat to society. He also stressed that Kejriwal satisfied the triple test formula used to determine eligibility for bail: he was not a flight risk, posed no threat to the investigation, and was unlikely to tamper with evidence.

The CBI, however, opposed the bail plea, arguing that Kejriwal’s case was not comparable to those of his co-accused. The agency maintained that there were no procedural violations in his arrest, accusing Kejriwal of attempting to politicize the case. Additional Solicitor General SV Raju, representing the CBI, stated that Kejriwal should have approached the trial court instead of directly seeking relief from the Supreme Court.

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Supreme Court’s Stand on Bail Plea

The Supreme Court’s observations and the ongoing arguments highlight the legal complexities surrounding high-profile arrests. The court’s insistence on procedural correctness underscores the balance between law enforcement authority and the protection of individual rights. The outcome of this case could set a significant precedent for future cases involving custodial arrests.

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