A Delhi court has ruled that the recent arrest of Chief Minister Arvind Kejriwal by the Central Bureau of Investigation (CBI) in the liquor policy case is not illegal, despite concerns about its timing. Vacation judge Amitabh Rawat of Rouse Avenue Courts, while remanding Kejriwal to CBI custody for three days, emphasized that while the arrest is legally valid, the CBI should exercise caution and not be overzealous.
“Investigation is the prerogative of the investigating agency. There are certain safeguards provided in the law and at this stage, on the material on record, it cannot be said that the arrest is illegal. The agency, however, should not be overzealous,” Judge Rawat stated.
Senior Advocate Vikram Chaudhari, representing Kejriwal, argued that there was no necessity for the arrest. The court acknowledged that while the timing of the arrest may be questioned, this alone is not sufficient to declare the action illegal. “This Court has to consider, at this stage, the merits of the case. The timing may be circumspect, but it is not the criterion for declaring an arrest illegal,” the court noted.
Judge Rawat added that during this phase of the investigation, the statements of witnesses and documentary evidence would be considered as they are, necessitating the police custody remand of the accused. The court allowed the CBI’s plea for custody remand to confront Kejriwal with evidence and further the investigation into the alleged conspiracy.
The court permitted CBI custody for three days, although the agency had requested five days. Kejriwal’s plea to reject the CBI’s request for remand custody and declare the arrest illegal was denied. The Chief Minister is scheduled to appear before the vacation judge on June 29 before 7 PM.
During the remand, the court ordered that all Supreme Court directives and safeguards be strictly followed. Kejriwal will be allowed to meet with two lawyers and his wife collectively for one hour each day from 6 PM to 7 PM. Additionally, he will be provided with medically prescribed diet/home-cooked food, prescribed medicines, a glucometer, and his spectacles.
Earlier, the Enforcement Directorate (ED) had examined Kejriwal in Tihar jail in connection with a money laundering case. This was hours after the Delhi High Court stayed the bail granted to him in the PMLA case. Kejriwal was formally arrested by the CBI following the court’s permission.
Kejriwal was initially arrested by the ED on March 21. He was granted interim bail by the Supreme Court until June 1 due to the general elections and surrendered on June 2.
The legal proceedings have seen representation from D.P. Singh and Pankaj Gupta, Sr. Special Public Prosecutors for CBI, and Senior Advocate Vikram Chaudhari, along with his legal team, for Arvind Kejriwal.
