New Delhi:
Arguing for bail in the CBI case against him in connection with Delhi‘s now-scrapped liquor policy, Chief Minister Arvind Kejriwal today told the court that the central agency did an “insurance arrest” after they realised that he could get bail in the Enforcement Directorate case.
The leader of the Aam Aadmi Party (AAP) was earlier granted temporary bail by the top court in the Enforcement Directorate (ED) case against him; however, he is still being held in custody in the CBI case. This implies that the Delhi Chief Minister will be released from prison after more than five months if the Supreme Court grants him the reprieve.
On June 26, Mr. Kejriwal was detained by the CBI. On August 5, the Delhi High Court affirmed the legality of his arrest and stated that the CBI had proven the AAP leader had the ability to sway witnesses.
Senior Advocate Abhishek Singhvi argued on behalf of Mr. Kejriwal before a bench consisting of Justices Surya Kant and Ujjal Bhuyan, stating that this is an unprecedented case. He claimed that the strict Prevention of Money Laundering Act had granted respite to the Chief Minister of Delhi twice. He said that the CBI had made a “insurance arrest”.
After two years, he claimed, the CBI had Mr. Kejriwal in custody.
I have three court orders in my possession. In order to keep him incarcerated, this is an insurance arrest, Mr. Singhvi stated.
According to Mr. Singhvi, the Supreme Court must decide three issues: Is there a risk of flight? Will he falsify the proof? Will he sway the witnesses?
He added that Mr. Kejriwal’s refusal to cooperate was the only reason the CBI had Mr. Kejriwal arrested. Mr. Singhvi stated that previous rulings had addressed this matter, holding that it is unreasonable to expect an accused person to confess to crimes.
“As a constitutional official, Arvind Kejriwal cannot pose a flight risk. Five chargesheets have been filed, lakhs of papers are available, and manipulation is not possible. Furthermore, there is no chance of swaying witnesses. I pass the triple test for bail,” he declared.
Twice, including under the stricter conditions of Section 45 (of the PMLA), the Supreme Court determined that this individual was fit for release. You will never find a more captive interrogatee than me. You were arrested just for insurance! The grounds for my arrest were ambiguous, and no meaningful evidence was presented to the special judge to support it,” Mr. Singhvi stated.
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Justice Kant once remarked, “We are wondering how long we should hear in a bail matter, do ordinary mortals get this much time?” even though the bench would be hearing both sides. Speaking on behalf of the CBI, Additional Solicitor General SV Raju declared, “I want as much time as him (Singhvi), at least.” “I am glad my lordships pointed that out,” Mr. Singhvi retorted. I’ll wait till twelve so we can wrap up by lunch.
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The CBI’s attorney questioned if Mr. Singhvi was disputing his arrest or bail, saying he couldn’t combine the two.
“Triple test was completely satisfied. All potential co-accused parties have been freed. He stated, “I’m thinking about the same things, Vijay Nair, Manish Sisodia, Sanjay Singh, and more.
Several chargesheets have been submitted, according to Mr. Singhvi. “The triple test cannot be met if there is prolonged incarceration. Yes, it is… all the rulings made on these issues have been held. In the Manish Sisodia ruling, the court determined that the trial in this specific excise policy case cannot be completed.”
Furthermore, Mr. Singhvi brought up the petitioner’s numerous court arraignments and the Supreme Court’s use of the term “snakes and ladders” when granting Mr. Kejriwal’s party colleague Sisodia bail.The Supreme Court used a pretty appropriate metaphor when it said, “snakes and ladders.”
