Arvind Kejriwal sent to judicial custody till July 12 in excise policy case

NEW DELHI: Rouse Avenue Court’s vacation judge on Saturday in its order remanded Delhi Chief Minister Arvind Kejriwal to 14 days judicial custody till July 12 in the CBI case related to alleged excise policy scam case.

Vacation judge Sunena Sharma, who reserved the order, after hearing from the Central Bureau of Investigation (CBI), which is the probe agency in the Delhi excise case, along with the Enforcement Directorate (ED), and Kejriwal, passed the order and remanded Kejriwal to judicial custody till July 12 for a period of 14 days.

Before the judge reserved the order, Delhi CM and AAP (Aam Aadmi Party) National Convenor, Kejriwal was brought and produced before the ouse Avenue Court by the CBI, after his police custody expired today. He was earlier on June 26, sent to 3-day’s CBI remand, till today, by same court’s Vacation Judge Amitabh Rawat, in connection with the Excise policy case.

After production of the accused, Kejriwal in the courtroom, the CBI sought his judicial custody in the excise case.

Meanwhile, Senior Advocate Vikram Chaudhari appeared for Arvind Kejriwal opposed the remand application moved by CBI and said CBI has filed four chargesheets till now and now arresting me and it still has to identify some persons through me. Is this a valid reason for arrest?

Kejriwal’s lawyer further added that, according to CBI I gave evasive replies during my examination/Interrogation in Tihar jail. The investigation officer of the case called it evasive because the only reply they want is my admission of guilt.

Chaudhri questions the timing of the arrest: They were waiting for the pronouncement of my bail order. They could’ve arrested me on June 2 when I surrendered. The materials must be perused by the Court before granting them (the CBI) the custody of Kejriwal.

The court observed that although it was court’s obligation to oversee the steps the IO (Investigating Officer) has taken during the custody (custodial interrogation), but it’s between the court and the IO.

“These material can’t be disclosed to accused. The court will definitely be satisfying itself on material to seek remand. But after PC expires, the court has no option but to remand accused to JC. There is no provision that court should reject IO’s application to remand accused to judicial custody,” the court observed.

But Chaudhari, kept on insisting and sought a direction to CBI to place on record material all the material collected including case diary, during his custodial interrogation.

The court refusing to pass any order, said, “you may leave these aspects for court to consider.”

It, however, further opined and clarified that the accused can move application for bail as per the procedure.

Chaudhari said that if the CBI was unable to satisfy your lordships on first three counts, then today the remand proceedings were illegal. If they are unable to satisfy your lordships.

He requested the court that the accused’s wife, Sunita Kejriwal and family is here, and if this court allowed them to meet the accused. To this, the Court slowed his prayer and said the accused could only meet them in the court only, and not outside.

The Delhi Chief Minister, Kejriwal had on Sunday knocked the doors of the Supreme Court challenging the Friday’s Delhi High Court’s order staying his bail, in the Delhi Excise case.

Delhi High Court’s Vacation bench of Justice Sudhir Kumar Jain, had on Tuesday in its order allowed the ED’s appeal and stayed the trial court’s order of granting Kejriwal the bail in the case.

On Thursday, June 20, in a major relief to Kejriwal, Rouse Avenue Court’s Vacation Judge, in New Delhi, Niyay Bindu, passed the order, and had granted him bail in the Delhi liquor case. Kejriwal is the prime accused in the now scrapped Delhi liquor case. The court granted Kejriwal bail after directing him to furnish a personal bail bond of Rs 1 lakh.

On June 5, Delhi’s same court Judge Kaveri Baweja rejected Kejriwal’s bail plea on the ground that his involvement in the crime could not be ruled out. 

The ED had told the Court that he was the mastermind and main conspirator in the Delhi liquor case. “We have all the evidence against him,”the ASG Raju told the court. 

A day after his plea was rejected by the Delhi High Court on April 9, Kejriwal had on April 10 moved the Supreme Court against the dismissal of plea of his arrest and remand in the case.

The accused, Kejriwal claimed innocence in the liquor gate scam case and had told the Court, during the hearings that the timing of his arrest right after the Model Code of Conduct (MCC) is to humiliate, insult, and disable him and his political party.

The ASG Raju said that there are sufficient evidences against him and he is the main criminal conspirator in the Delhi liquor scam case. 

Earlier on May 10, the Supreme Court in its order granted bail to Kejriwal till June 01 to participate in election campaigns, and asked him to surrender on June 02, while imposing certain conditions on him. He was in Tihar jail since March 21, for his alleged involvement in the Delhi liquor case.