Excise policy case: CBI justifies Kejriwal's arrest in SC

New Delhi, Aug 23 (PTI) The Central Bureau of Investigation (CBI) on Friday defended in the Supreme Court the arrest of Delhi Chief Minister Arvind Kejriwal, saying it was necessary as he chose to remain “evasive and non-cooperative” in his replies to questions about his role in the alleged excise policy scam.

In its detailed affidavit filed in response to Kejriwal’s plea challenging his arrest by the central agency, the CBI said it arrested the AAP leader only after examining him on June 25, 2024.

"This was necessary since he was to be confronted with the evidence on record, when it was necessary for the just conclusion of the investigation herein, more specifically since the petitioner was purposely derailing the investigation. The necessity to arrest also arose based on the materials on record and since the petitioner chose to remain evasive and non-cooperative during his examination on June 25," the affidavit said.

A bench of Justices Surya Kant and Ujjal Bhuyan took the CBI's affidavit on record and posted the matter for further hearing on September 5. The CBI said though Kejriwal does not hold any ministerial position, it has emerged over a period of time that all critical decisions in the formulation of the now scrapped excise policy were taken at his behest with the connivance of the then deputy chief minister Manish Sisodia, who held the excise portfolio.

"The petitioner was initially asked to join the investigation under section 160 CrPC being understood as one of the persons acquainted with the facts of the case. However, there was certain material which pointed a needle of suspicion towards him. As the investigation progressed, it started becoming clear that the petitioner (Arvind Kejriwal) has a pivotal role in the formulation of the new excise policy," it said.

On August 14, the top court refused to grant interim bail to Kejriwal in the case and sought a response from the probe agency on his plea challenging his arrest. Kejriwal was arrested by the CBI on June 26.

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.

The high court had asked him to move the trial court for regular bail in the CBI case.

The high court had further noted that the loop of evidence against the chief minister got closed after collection of relevant evidence following his arrest by the CBI and it cannot be said that it was without any justifiable reason or illegal.

The chief minister, 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.

On July 12, the top court granted him interim bail in the money laundering case.

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

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