Excise policy case: Supreme Court refuses interim bail to Arvind Kejriwal, next hearing on August 23

New Delhi: The Supreme Court on Wednesday refused interim bail to Delhi Chief Minister Arvind Kejriwal but decided to consider his plea challenging his arrest by the CBI in connection with the liquor policy scam case.

"We are not granting interim bail," a bench of Justices Surya Kant and Ujjal Bhuyan categorically told senior advocate A M Singhvi, who sought interim relief on behalf of Kejriwal.

The counsel contended the petitioner has been granted interim bail from the Supreme Court twice in connection with the money laundering case registered under the stringent Prevention of Money Laundering Act. He said the trial court granted him regular bail too in that case.

In the instant case registered by the CBI under the Prevention of Corruption Act, there can't be similar stringent conditions for interim relief.

The court, however, declined the interim relief and sought a response from the CBI against his plea challenging the validity of the arrest.

As the counsel requested for an early date, the bench fixed the matter for consideration on August 23.

Kejriwal was arrested by the CBI on June 26. He was granted interim bail by the Supreme Court on July 12 in the case, investigated by the Enforcement Directorate.

On August 5, 2024, the Delhi High Court rejected a plea by Kejriwal to declare his arrest by the CBI as illegal, saying it cannot be said that his formal arrest was without any justiciable reasons.

The court had then found no malice on the part of CBI in arresting him on June 26, by upholding validity of the action by the central investigating agency and custodial remand by the special court.

The court noted initially, after registration of FIR on August 17, 2022, the petitioner was examined on April 16, 2023 for 9-10 hours since at that stage he was identified only as a person, who was acquainted with the facts and circumstances of the case.

The CBI had explained that it is only after sufficient material was collected against the petitioner over a period of one and a half years, that it sought the sanction for prosecution of the petitioner, which was granted on April 23, 2024.

The High Court also noted the petitioner is not an ordinary person but it is the Chief Minister of NCT of Delhi and the convenor of Aam Aadmi Party, which has its Government in Punjab.

"There were links of this crime even in Punjab but the material witnesses were not forthcoming for the simple reason of the influence exercised by the petitioner, by virtue of his position," the court said.

In his plea, Kejriwal contended the arrest was not necessary as he was already under the judicial custody. He also claimed the arrest on June 26 was made without disclosing sufficient reasons.