A Delhi court Wednesday sent Chief Minister and AAP leader Arvind Kejriwal to CBI custody for three days, a day after he was questioned by the agency in Tihar Jail in the alleged corruption case involving the Delhi excise policy.
Arrested on March 21 by the Enforcement Directorate in an alleged money laundering case linked to the excise policy, Kejriwal suffered a setback Tuesday when the Delhi High Court stayed a trial court order granting him bail in the ED case.
On Wednesday, the CBI placed him under “formal” arrest in the corruption case and produced him before the Rouse Avenue court of Special Judge Amitabh Rawat.
The agency sought his custody for five days to confront him with the evidence in the present case of conspiracy.
Senior Advocate Vikram Chaudhari, appearing for Kejriwal, asked the court to hear him before ordering the remand.
An offence under the Prevention of Corruption Act is non-bailable and cognizable where an arrest can be made without a warrant. Since Kejriwal was already in judicial custody in the ED matter, the CBI required the court’s nod to arrest him.
Judge Rawat, however, said that the arrest was not illegal and that the agency should not be “overzealous.”
“The timing may be circumspect but it is not the clear criterion for declaring an arrest illegal,” he said.
During the hearing, Special Public Prosecutor D P Singh, representing the CBI, had a heated exchange with Kejriwal.
In response to a statement by Singh that Kejriwal had said privatisation of the liquor trade was an idea of the then Deputy Chief Minister Manish Sisodia, the CM told the court: “CBI sources have planted something in the media. I have not given any statement that Sisodia is responsible (for the excise policy). Yesterday, I told the CBI that neither AAP is responsible nor Sisodia.”
“You said it was Sisodia’s idea,” Singh insisted. “I didn’t say that,” Kejriwal replied, adding that the CBI was spreading such news for “sensational headlines”.
“Maine aisa koi bayan nahi diya hai ki Manish Sisodia doshi hai. Manish Sisodia nirdosh hai, AAP nirdosh hai, mein nirdosh hoon. Unka saara plan hai hume media mei badnam karne ka. CBI ke sources ne chalwaya (I never gave any statement that Manish Sisodia is guilty. Manish Sisodia is innocent, AAP is innocent, I am innocent. Their aim is to malign us in the media. CBI sources ran this),” he said.
Kejriwal also urged Singh to let him read his statement before the court. But Singh said this was not possible because he was an accused.
“Inka idea ye hai ki kal front page pe top headline honi chahiye ki Kejriwal ne saara thekra Manish Sisodia pe foda. They are sensationalising the issue. Ye kal top headline hogi har akhbar mei. Inka aaj kewal ye maqsad hi hai (Their idea is to ensure that the front page headline says Kejriwal has put all blame on Manish Sisodia. They want this headline in all newspapers. That is their sole aim today),” he said.
“They asked me whose idea it was. I just said it wasn’t mine,” Kejriwal said.
Judge Rawat intervened and told the CM: “Aap ki statement maine padh li hai… Aisa kuch nahi kaha hai aapne (I have read your statement, you made no such remark).”
Singh said, “The evidence shows that the South Group dictated what the (Delhi excise) policy should be like… Even before the policy was notified, the process began to find people to whom it will suit.”
“Notification of the policy was done with haste… There was no meeting called. The CM was at the helm of affairs,” he said, adding that the investigation had uncovered a money trail of Rs 45 crore which was allegedly used by the AAP in the 2022 Goa Assembly elections.
Singh told the court that the report compiled by the South Group was taken as the report of the group of ministers who were responsible for the excise policy. “The South Group prepared the policy. We have evidence now,” he said.
A 36-page report of the policy prepared by the South Group was handed over by Sisodia to his secretary C Arvind in the presence of Kejriwal, he said.
“Kejriwal doesn’t remember anything… He doesn’t even remember going to Goa. The CM went there 11 times and has no recollection,” Singh said, stating that the CM had been evasive in his replies and that his custody was also needed to unearth the larger conspiracy.
The CBI alleged that Kejriwal had failed to give satisfactory replies to questions “regarding his role in the matter of demand of upfront money of Rs 100 crore from co-accused persons of South Group, the acceptance and delivery of the same to Aam Aadmi Party through his close associate Vijay Nair as well as utilisation of the ill-gotten money so received in the Assembly elections of Goa during the year 2021-22 to meet the election related expenditures of AAP”.
It said his replies were contrary to the oral and documentary evidence gathered by the agency during the investigation.
According to the CBI, the CM’s custody was required to “confront him with witnesses/suspects, such other persons as deemed necessary”. The CBI also sought his custody to “unearth the facts which are in his exclusive knowledge” and that he could derail the investigation since he was an influential person.
Chaudhari, who was representing Kejriwal, said, “Who will police the police? Who will CBI the CBI? They are trying to carve out a case when none exists.”
“Necessity to arrest is the first aspect that the Lordships have to determine. The next aspect will be looking at the necessity to remand,” he said.
Questioning the timing of arrest, Chaudhari said the CBI was waiting for the pronouncement of the order on bail to the CM.
“They could have arrested me on June 2 when I surrendered (in Tihar Jail after the end of the interim bail that the Supreme Court had granted for election campaigning),” he said.
Advocate Vivek Jain, also appearing for Kejriwal, said, “Ministers were consulted and the public was consulted… The (excise policy) report was even sent to the Lt Governor who gave seven recommendations. The cabinet had approved the recommendations. Where is the CM’s role in the case?”.
Countering the claim on the timing of arrest, Singh said, “The evidence has come to us over the years in parts. So have his (Kejriwal’s) lies. When the CBI feels it is necessary, the organisation can decide to arrest someone.” He said the CBI decision to arrest the CM was taken long back.
Also Wednesday, Kejriwal withdrew his plea in the Supreme Court against the High Court’s decision to reserve its verdict on the ED plea for staying the trial court’s bail order – the High Court ruled Tuesday, staying the order granting bail.
The CM said “events are overtaking” him rapidly with the CBI reviving a 2022 interrogation to arrest him shortly after the High Court ruling. He is likely to move a fresh plea before the Supreme Court now.
Kejriwal’s arrest in the CBI case means that even if the Supreme Court intervenes in the bail case for money laundering, his release will require a separate bail order in the corruption case.
