Arvind Kejriwal bail highlights: Supreme Court reserves judgment order on Delhi CM's bail

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.

"Thank you for the assistance. Judgment reserved," the bench said after the lawyers concluded their arguments. The next hearing in the case is scheduled for Tuesday.

The Supreme Court on Thursday reserved the judgement order on Arvind Kejriwal's bail in the Delhi excise policy case.

Arvind Kejriwal's representative Singhvi said, “CBI is obsessed with everything except CrPC. He says S.41A is not required when person is in custody, alternatively there is deemed S.41A through court.”

ASG tells the Supreme Court, “I am told that the court has also taken cognizance of the chargesheet. This amounts to saying that a prima facie case has been made out ... Today, if your Lordships grant bail, it will be demoralizing for the High Court.”

ASG told Supreme Court, “Today a chargesheet has been filed against him. Can he file for regular bail without annexing the chargesheet? He cannot! ... The chargesheet shows his role, by not annexing chargesheet, he is suppressing information ... He does not want this Court to look at chargesheet ... You cannot conceal this material and ask for bail ... Without (annexing) the chargesheet, this bail application has to go home ... He has not referred to one page of the chargesheet. I am making a very serious point! This is not a point to be washed away.”

Saying that the case is also listed in Delhi High Court today, ASG said, “Now see the problem is, there is another court with same petitioner same lawyers at the same time. I can't be at two places at the same time. But I'll take care of it.”

ASG representing CBI said in the apex court, “When we applied for 41A to interrogate, we had no intention to arrest. Then we found that we are entitled to arrest. Even to a person to whom notice is given, it is not that he has total immunity from being arrested. For reasons to be recorded, he can still be arrested.”

ASG representing CBI in Supreme Court said, “Even if this Court holds that Section 41 applies, then also arrest is justified since he falls under the categories mentioned and even then the Court has held that arrest could have been made.”

ASG told the Supreme Court, “For statutory provisions, you have to go apply for regular bail. Fundamental right is curtailed if it's pursuant to order of court. There is no breach of any constitutional provision or FR. Then a writ does not lie for challenging arrest.”

ASG read witness statements in court saying that Arvind Kejriwal is the “main conspirator” of the Delhi excise policy case. He said, “Kejriwal approved the policy hurriedly during peak Covid time.”

ASG representing CBI told Supreme Court bench, “Rs. 44.54 crores have been sent through hawala from Goa to Delhi. Used by AAP for Goa elections. Approver-Dinesh Arora has confirmed.”

The Supreme Court reassembled to resume the hearing of Arvind Kejriwal's plea. ASG representing CBI said, “I was reading our application seeking permission to arrest.”

The Supreme Court bench is set to reassemble shortly.

Arvind Kejriwal bail live updates: ASG representing CBI argued that in this case, the court had granted permission, and the conditions were met, ensuring compliance with Section 41. He stated that if there is the power to investigate, there is also the power to arrest unless restricted, as in the case of non-cognizable offenses. He emphasised that arrest is an integral part of the investigation process, citing Section 41 as the basis.

Arvind Kejriwal bail live updates: In the Supreme Court hearing, the Additional Solicitor General (ASG) representing the CBI stated that the High Court's order is well-written and does not require interference. Despite the chargesheet being filed, Kejriwal wants the Supreme Court to decide on bail without considering it, which, as a legal matter, could cause significant issues. The ASG criticised this as an example of “legal adventurism.”

Justice Kant said that, ordinarily, a chargesheet is considered a change in circumstances. The ASG responded that the usual procedure involves not having numerous hearings and questioned whether the High Court can decide on bail without reviewing the chargesheet. He emphasized that the documents must be considered.

Arvind Kejriwal bail live updates: During the Supreme Court hearing on Thursday, the Additional Solicitor General representing the CBI argued that Arvind Kejriwal approached the High Court directly without first going to the Sessions Court. Under Section 439, both courts have concurrent jurisdiction. The preliminary objection is that he should first seek relief from the trial court, which is the appropriate court to assess the merits.

The ASG noted that others, like Sisodia and Kavitha, went through the trial court, implying a 'snakes and ladders' approach. Justice Bhuyan responded, saying, “The 'snakes and ladders' analogy is not a favourable observation for the prosecution from this court.”

Arvind Kejriwal bail live updates: In the Supreme Court, Singhvi, representing Arvind Kejriwal in his bail plea against the CBI, says, “This is a notable case. Despite multiple orders for release, bail has not been granted in this triple test case. He poses no threat to society and is not a hardened criminal. The required cooperation is that he attends trial when summoned.”

Singhvi continued, “They claim he is concealing the truth. What should he admit? That he is guilty? They argue he might influence others. If such adjectives are grounds for keeping someone in prison, what is the purpose of Section 41? These are not valid reasons for arrest.”

Arvind Kejriwal bail live updates: Arguing for Arvind Kejriwal's bail plea in the Supreme Court, Singhvi said, “There are hundreds of witnesses, and there is no remote possibility of completing the trial in a short time. The same applies to my case.”

Singhvi added, “The court noted that trial courts often take a cautious approach in bail matters, forgetting that bail should be the rule rather than the exception. The judgment in Sisodia’s case was a common ruling applicable to both CBI and ED cases.”

Arvind Kejriwal bail live updates: While arguing Delhi CM Arvind Kejriwal's bail plea against his CBI arrest in the Supreme Court, lawyer Singhvi said, “The Trial Court mentioned that the timing of the arrest is a bit unusual. The triple test is fully met. It’s ironic that nearly all co-accused have been released, except perhaps one—Sisodia, Kavitha, Buchi Babu.”

Singhvi added, “I am being asked to return to the trial court. I acknowledge the High Court has concurrent jurisdiction, but discretion should be used to send it back. My friend’s preliminary objection is to not hear it. However, the learned judge considered it on merits for an entire day.”

Singhvi further said, “It’s not a fair argument for the CBI to raise at this stage unless it’s a tactic to cause delay.”

Arvind Kejriwal live updates: Delhi CM’s lawyer, Singhvi, told the Supreme Court, “I (Kejriwal) am the most accessible person for interrogation. The sole purpose of the arrest was to have a backup plan in case I succeed in the ED case. They must present proper pleadings and evidence.”

Justice Kant responded, “Please remember this is a bail hearing.”

Additional Solicitor General, representing the CBI, requested, “The amount of time given to him should also be given to us.”

Arvind Kejriwal live updates: Advocate Singhvi, representing Kejriwal during the Supreme Court hearing of his bail plea in the excise policy case against the CBI, argued, “The likelihood of me committing another offence was not just zero—it was negative. He was deemed fit for release by the Supreme Court on two occasions!”

Arvind Kejriwal live updates: During the Supreme Court hearing, Delhi CM's advocate Singhvi stated, “In the meantime, regular bail granted by the ED court was stayed by the High Court. Despite this, there was no CBI arrest from August 2022 for nearly two years, even though I have received three release orders. An insurance arrest was made on June 26. Section 41A of the CrPC was introduced in 2010 to serve a specific purpose: to regulate arrests. You cannot just forcibly arrest someone without any valid basis.”

Arvind Kejriwal live updates: Senior advocate Abhishek Manu Singhvi, representing Kejriwal, informed the Supreme Court that the apex court had released him on two occasions: once in May to campaign for elections, and the second time when he was granted interim bail in the Enforcement Directorate’s case related to the excise policy.

Singhvi noted that the CBI arrested Kejriwal on June 26, despite no arrests being made in the two years prior, calling it a case of “insurance arrest.”

Arvind Kejriwal live updates: Delhi CM Kejriwal's lawyer, A M Singhvi, argued in the Supreme Court that the CBI had filed an application before the Special Court seeking permission to examine and interrogate Kejriwal, which was granted. The agency allegedly presented a new statement in court that was recorded in January. Kejriwal was then interrogated in Tihar Jail, following which the CBI submitted an application for his arrest.