Kejriwal SC hearing Highlights | Top court reserves order on Delhi CM's pleas, next hearing on September 10

The Supreme Court is scheduled to hear today Delhi Chief Minister Arvind Kejriwal's pleas seeking bail and challenging his arrest by the CBI in the alleged excise policy scam.

According to the cause list, a bench of Justices Surya Kant and Ujjal Bhuyan is likely to hear the matter.

What is the excise policy case?

The excise policy was scrapped in 2022 after the Delhi lieutenant governor ordered a CBI probe into alleged irregularities and corruption involving its formulation and execution.

According to the CBI and the ED, irregularities were committed while modifying the excise policy and undue favours extended to licence holders.

RECAP | All you need to know about the Kejriwal case

- The AAP chief was arrested by the CBI on June 26.

- On August 14, the top court refused to grant interim bail to Kejriwal in the case and sought a response from the probe agency on his plea challenging his arrest.

- The Delhi High Court had on August 5 upheld the arrest of the chief minister as legal, and said there was no malice in the acts done by the CBI which was able to demonstrate how the AAP supremo could influence witnesses who could muster the courage to depose only after his arrest.

- The high court had asked him to move the trial court for regular bail in the CBI case.

- It had noted that the loop of evidence against the chief minister closed after the collection of relevant evidence following his arrest by the CBI and it cannot be said that it was without any justifiable reason or illegal.

- It said Kejriwal is not an ordinary citizen but a distinguished recipient of the Magsaysay Award and the convenor of the Aam Aadmi Party.

- The high court had dismissed Kejriwal's plea challenging his arrest, saying it was only after sufficient evidence was collected and sanction was obtained in April 2024 that the agency proceeded with further probe against him.

- It was noted that the links to the crime extended even to Punjab but material witnesses were not coming forward due to the influence exercised by Kejriwal by virtue of his position. It was only after he got arrested that the witnesses came forward to record their statements, the high court had said.

- The chief minister, who was arrested by the ED on March 21, was granted bail by the trial court in the money laundering case on June 20. However, the trial court's order was stayed by the high court.

- On July 12, the top court granted him interim bail in the money laundering case.

HC asks jail authorities to file reply to Sanjay Singh’s plea to allow meeting with Kejriwal

The Delhi High Court on Wednesday asked the Tihar Jail authorities to file response on a plea by AAP MP Sanjay Singh claiming that he was not being allowed to meet Chief Minister Arvind Kejriwal in prison.

Singh said jail authorities denied him a physical meeting with Kejriwal in prison on grounds that he was an ex-prisoner.

Justice Neena Bansal Krishna granted three days to the jail authorities to file their response to the petition, and listed the matter for hearing on September 9.

Maliwal targets CM Arvind Kejriwal's wife over her social media post on Bibhav Kumar

Disgruntled AAP Rajya Sabha MP Swati Maliwal on Wednesday hit out at Delhi Chief Minister Arvind Kejriwal's wife Sunita over her social media post in which she expressed relief at the release of Bibhav Kumar and Vijay Nair.

Kumar was arrested for allegedly assaulting Maliwal at Kejriwal's residence. He was granted bail by the Supreme Court in the case. On Tuesday, Sunita posted on X a picture of Kumar and Nair, who was released on bail in a Delhi excise policy case, sitting together in a living room, and wrote in Hindi, "A day of relief."

Slamming her, Maliwal said in a post on X, "The chief minister's wife, who was at home when I was being beaten up, is feeling very 'relieved'. She is relieved because the man who beat me and misbehaved with me in their house has been released on bail."

A bench of Justice Surya Kant and Justice Ujjal Bhuyan to hear the case at 10:30 am

ASG SV Raju appears for CBI

Sr Adv AM Singhvi for Kejriwal

Bench assembles

SC bench begins hearing Kejriwal's bail plea in excise police case

Sr Adv AM Singhvi addresses court

What started in August 2023 led to arrest in march 2024. In ED case, there are 2 significant release orders. In one SC noted he is not a threat to the society, and it was an interim release. It was held not a threat in a ED case. Then in the second order was a detailed order. it was a regular bail granted by trial court and was mentioned on oral mentioning by the HC and is not pending adjudication by the HC. Then comes the detailed order by the SC, Justice Khanna led bench.

Kejriwal 'obviously' not a threat in a PMLA case, says Sr Adv AM Singhvi

This is the only case where you have got bail in the more difficult Act...but denied bail in predicate offense with normal triple conditions, says Sr Adv AM Singhvi

CBI without complying with section 41 and 41a arrested kejriwal in violation of Antil etc judgments and the only ground mentioned to arrest him in a arrest memo is that his answers are evasive and he is not cooperative. Now this has been held in santosh etc cases that an accused cannot be expected to incriminate himself and it is settled.

A man who is a constitutional functionary cannot be a flight risk, Delhi CM's counsel tells court

Singhvi tells court that there are 13 Supreme Court judgments which hold that you cannot be sent back to jail in such cases

Bench discusses

When the same job can be done without arrest you shall give notice, Singhvi tells SC bench

CBI didn't arrest for 2 years, 'insurance arrest' made after bail in ED case, Kejriwal counsel to SC

Delhi Chief Minister Arvind Kejriwal told the Supreme Court on Thursday that the CBI did not arrest him for nearly two years in the alleged excise policy scam and an 'insurance arrest' was made on June 26 after he got bail in the "harsher" money laundering case filed by the ED. Senior advocate Abhishek Singhvi, appearing for the chief minister, told a bench of Justices Surya Kant and Ujjal Bhuyan that no notice was served to Kejriwal by the CBI before arrest and an ex-parte arrest order passed by the trial court.Seeking bail for the jailed Delhi CM, Singhvi submitted that Kejriwal is a constitutional functionary and was not a flight risk.Singhvi said Kejriwal was not named in the CBI FIR and moreover, he is not a “flight risk”.The senior lawyer said the top court, while granting interim bail in the money laundering case, had said the chief minister was not a threat to society.“What started in August, 2023 has led to arrest in March this year in the money laundering case,” he said, adding the top court and a trial court have already granted him bail.The hearing is underway.The top court had on August 23 allowed the CBI to file its counter affidavit in the matter and gave two days to Kejriwal to file a rejoinder.Kejriwal has filed two separate petitions challenging the denial of bail and against his arrest by the CBI in the case. He has challenged the August 5 order of the Delhi High Court upholding his arrest.The AAP chief was arrested by the CBI on June 26.On August 14, the top court refused to grant interim bail to Kejriwal in the case and sought a response from the probe agency on his plea challenging his arrest.The Delhi High Court had on August 5 upheld the arrest of the chief minister as legal, and said there was no malice in the acts done by the CBI which was able to demonstrate how the AAP supremo could influence witnesses who could muster the courage to depose only after his arrest.The high court had asked him to move the trial court for regular bail in the CBI case.The excise policy was scrapped in 2022 after the Delhi lieutenant governor ordered a CBI probe into alleged irregularities and corruption involving its formulation and execution.According to the CBI and the ED, irregularities were committed while modifying the excise policy and undue favours extended to licence holders.

My friend becomes more fair when he appears for CBI, Singhvi raps Raju after latter seeks as much time as he got

How long should we hear in a bail matter, as the SC bench

'He has no case,' ASG Raju tells court slamming Singhvi

Every other possible co accused has been released, Singhvi says naming Sisodia, Kavitha, Buchi Babu as he argues for bail of Kejriwal

Sisodia, Kavitha, every possible co-accused released, says Delhi CM's counsel

Singhvi sites K Kavitha judgment in SC

Custody was held to be not necessary. Kavitha's case was also ED and CBI together. Then, Vijay Nair...he was also granted bail recently. That was under PMLA, we are under CrPC

He is not a threat to society. Not a hardened criminal. The cooperation that is required is he goes when called for trial, Arvind Kejriwal's counsel tells SC

ASG SV Raju begins his arguments

CBI counsel objects to Kejriwal approaching the High court without going to the sessions court

"This is my preliminary objection. On merits trial court could have seen it first. HC was made to see merits and it can only be in exceptional cases. In ordinary cases sessions court has to be approached first. "

Sisodia, Kavitha, all went through trial Court: CBI counsel

Trial court was approached in those cases, it formed an opinion. Therefore, the expression snakes and ladders. Court asked how many times Sisodia will be sent back. Not in the first instance

Trial court should be approached first says CBI counsel, calls Kejriwal 'extra-ordinary person who requires different approach'

Bench to re-assemble after 2 pm.

Bench re-assembles

CBI counsel reads witness statements that point towards how Arvind Kejriwal was the "main conspirator" in the Delhi excise policy case

ASG: At arrest stage, you can't do merit review as far as reasons to believe concerned. Some questions were referred to larger bench. Interim bail may be recalled by larger bench.

Justice Kant: At this point also interim bail was granted? ASG: Yes

J Kant: Two judge bench has granted him interim bail. But the extension of the relief has been left to larger bench. ASG: Right

ASG says despite interim bail, court had said facts will have to be re-agitated, to which Justice Bhuyan says it has be proven by the CBI

J Bhuyan: This matter was referred to larger bench. Application for regular bail if any pending will have to be decided on its own merits. Trial Court has already granted.

Kant: PMLA Case is also based on same set of facts?ASG: Necessity is in context of S.19 PMLA, not CrPC.

They can't say now there was no necessity to arrest, says ASG

They can't now say there was no necessity to arrest. have not challenged the order.

Singhvi: I will not take more than 10 minutes

ASG: I have to show role, prima facie case against him. On merits, I have not addressed.

Justice Bhuyan says the bench will have to pass a judgment on merit

Justice Bhuyan says the bench will have to pass a judgment on merits.

Justice Kant: Most arguments on bail, you have raised.

ASG: 4-5 things are required, I have to demonstrate those

Arguments and counter-arguments continue

Justice Kant: How events took place, who case, money, Oberoi hotel...we have gone through.

ASG says, "Another submission is this - without annexing/referring to chargesheet, can he file for bail?. Chargesheet was filed before he approached this court. By not annexing it, he has suppressed material. He does not want court to look at it. How can that be done, CBI's counsel asks

ASG says Delhi HC not given chance to look into merits and granting bail would be demoralising to High Court

CBI's counsel contended that Kejriwal has not included even one page of the chargesheet against him in his bail plea. This, according to him, constitutes concealment of facts and a fit case to deny bail.

“The High Court did not consider his (Kejriwal’s) case on merits and if the apex court grants him bail on merits, it would be demoralising for the High Court."

Justice Bhuyan: Don't say that, how is that demoralizing?

Can't get copy of chargesheet till trial court takes cognizance: Kejriwal's counsel

Kejriwal's counsel says, "I can't get copy of chargesheet till trial court takes cognizance. I fear this is not the law of the land. That he can't seek bail. This is new law being argued. I can understand interested persons arguing this, but not CBI."

Kejriwal's counsel argues that total case of CBI for arrest is two pages

Kejriwal's counsel argues that the total case of CBI for arrest is two pages where case No.1 is the arrest memo of June 26. It reads, "Whether grounds of arrest have been explained to accused? Yes, he is not cooperating and concealing true facts."

Arrest unlawful, conditions under Section 41 CrPC not met: Kejriwal's counsel

Kejriwal's counsel says his arrest unlawful, conditions under Section 41 CrPC were not met. In his rejoinder submissions, Mr. Singhvi contends that the CBI overlooked the provision of Section 41 of the CrPC (arrest without warrant) when arresting Kejriwal.

Order reserved by Supreme Court, to be heard on September 10

Singhvi says if at all I have come to HC, I am losing extra bite of the cherry. Every co-accused is on bail.

Justice Kant says to that, "Order reserved. Thank you. See you on Tuesday.