The Central Bureau of Investigation (CBI) on Wednesday formally arrested Delhi Chief Minister Arvind Kejriwal in connection with the Delhi excise policy case.
The arrest came after Special Judge Amitabh Rawat of Rouse Avenue court in Delhi refused to interfere with the CBI probe at this stage.
The Court nevertheless said that Kejriwal will be given copies of the CBI's plea seeking his custodial interrogation and the order passed on June 24 by which the agency was allowed to examine the Delhi Chief Minister in Tihar Jail.
The CBI case was registered on a complaint made by Delhi's Lieutenant Governor VK Saxena on July 20, 2022.
On June 25, the CBI took Arvind Kejriwal's statement from jail and sought his production before the trial court today.
Kejriwal's counsel today said that he was not informed about the CBI moving an application before the Court and securing an order to question him.
"We got to know about this through media. We were not given the application (by CBI) or the order passed (by court)," Advocate Vivek Jain said on behalf of Kejriwal.
"The manner in which this has been done is of grave concern. Please allow us the access to the documents and defer this hearing to tomorrow," said Senior Advocate Vikram Chaudhari who also appeared for Kejriwal.
The CBI, however, maintained that investigation is the prerogative of agency and the law does not mandate that the accused should be informed.
"The law does not say that I have to tell them when I want to go and investigate him. The same thing happened in the case of K Kavitha. I only need court's permission. I am seeking permission because he is in my lord's custody. To investigate or not is my prerogative," said CBI counsel DP Singh.
"Since the accused was in judicial custody they sought permission to question him. He has not been formally arrested so far," the Court remarked.
"We were not given any opportunity. We are saying we will file a response to their application of remand. Heavens will not fall if we file a reply," Chaudhari said.
Chaudhari said that no Section 41 notice was given under Code of Criminal Procedure to appear for questioning.
"If My lords allow them to arrest him (Kejriwal), my lords will be allowing their shoulders to be used as a gun to shoot him. If My lords give them the permission to arrest, my lords will effectively be sanctifying the remand," he contended.
"I agree that they will have to justify the arrest," the Court remarked.
"I am only saying put me on prior notice before their application is allowed," Chaudhari reiterated.
Therefore, he requested that an opportunity be given to him to file a proper reply.
"To deny me an opportunity of effective hearing by not putting me to notice first denies me of my fundamental rights. Give me a chance to file a proper reply. I will file it today, have the hearing first thing in the morning tomorrow," Chaudhari submitted.
Singh said that there is no pending application as of today since CBI's plea was allowed by the Court earlier.
"There is no application pending as of now. What does he want? I will prepare my grounds of arrest and will come back then my lords will see how to proceed. My remand application doesn't have to be given on advance notice. It has never been done," he argued.
Singh maintained that Kejriwal does not have the right to advance notice.
"Let's start the process. I may be allowed to take him and then I will finalise arrest right now. They do not have the right to advance notice. Today, whatever I will be moving after his arrest, they will have all the applications," Singh said.
"He (CBI counsel) says he will place on record the material that they have for his arrest. After that i will hear you (Chaudhari). We will give you the copies of the documents that you want. We will pass a judicial order," the Court said.
Kejriwal is already in jail in connection with the money laundering case linked to the now-scrapped Delhi excise policy of 2021-22.
He arrested on March 21 by the Enforcement Directorate (ED) in the money laundering case.
Kejriwal is accused of being part of a conspiracy to intentionally leave behind loopholes in the policy to benefit certain liquor sellers. The kickbacks received from this arrangement are alleged to have be used by the Aam Aadmi Party (AAP) to fund their elections in Goa.
The ED’s money laundering probe stemmed from the case registered by the CBI on August 17, 2022, in connection with alleged irregularities in the Delhi excise policy.
Though the CBI registered the case, the ED was the first to arrest Kejriwal.
