Excise 'scam': Delhi HC asks CBI to respond to Arvind Kejriwal's bail plea in corruption case

NEW DELHI: The Delhi High Court on Friday asked the CBI to respond to Chief Minister Arvind Kejriwal's bail plea in the corruption case registered by the CBI in connection with the alleged excise policy scam.

Justice Neena Bansal Krishna issued a notice to the CBI on the bail plea and listed it for further hearing on July 17.

Kejriwal sought bail claiming that there was no necessity to arrest him in the CBI case and that his custody was illegal.

Senior advocate Abhishek Singhvi, representing Kejriwal, said the AAP leader is not a flight risk and not a terrorist, and the CBI arrested him after he got bail in the ED's money laundering case. 

He said Kejriwal has deep roots in society and added he was pressing for an interim relief in the matter.

Advocate DP Singh, appearing for the CBI, raised an objection over Kejriwal directly approaching the high court without first filing the bail plea before the trial court.

The high court took note of the objection and said "the contention shall be considered at the time of arguments".

"In how many cases the Supreme Court or the high courts have said that please go back, on propriety. On law, there is no quarrel. I am not on law. They also say don't clog the higher courts when alternate remedy is available. There should be a reason why this (court) is better. We also have the benefit of going through the trial court's decision," Justice Krishna said.

The high court added that parties also have the benefit of first hearing before the sessions court and they may succeed there.

Senior advocate Vikram Chaudhari, also representing Kejriwal, said while remanding him in custody, the trial court had said the arrest was illegal and when that argument has been addressed, there is no point of sending it back and it will be a futile exercise.

The Aam Aadmi Party (AAP) national convener was arrested by the CBI on June 26 from Tihar Jail, where he is still lodged in judicial custody in a connected money laundering case filed by the Enforcement Directorate (ED).

He has already challenged his arrest in the CBI case and the plea is pending before the high court. The court had issued notice and asked the CBI to file its reply while listing it for arguments on July 17.

Kejriwal, 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.

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

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