Excise Policy case: Delhi Court sends Arvind Kejriwal to judicial custody till July 12 in CBI case

A Delhi court on Saturday sent Delhi Chief Minister Arvind Kejriwal to judicial custody till July 12 in a corruption case concerning the now-scrapped Delhi Excise Policy of 2021-22, after his three-day custody with the Central Bureau of Investigation (CBI) ended today.

Vacation Judge Sunena Sharma of Rouse Avenue Courts passed the order after the CBI did not seek an extension of its custody of Kejriwal.

Following a request by Kejriwal, the court has also permitted him to appear through video conferencing in the next hearing instead of having the authorities produce him physically.

The CBI had urged the court to sent Kejriwal to 14 days of judicial custody, contending that he was an influential politician who could tamper with evidence and influence witnesses if he did not remain in custody.

In its application, the CBI further said that although Kejriwal has been evasive and not truthful in answering the agency's questions, his further custodial interrogation is not required for the present.

The CBI arrested Kejriwal on June 26, while he was in judicial custody in connection with a money laundering case registered by the Enforcement Directorate (ED).

Both the ED's and CBI's cases concern an alleged scam involved in the drafting of the Delhi Excise Policy of 2021-22.

Kejriwal was recently granted bail by the trial court in the ED case on June 20.

However, the Delhi High Court issued an interim stay on the grant of bail the following day after the ED moved an urgent plea. The stay on the trial court's bail order was confirmed by the Delhi High Court on June 25.

Following this, he was arrested by the CBI on June 26 and remanded to CBI custody till June 29.

Today, the CBI did not seek an extension of its custody of Kejriwal and asked that he be sent to judicial custody.

However, Senior Advocate Vikram Chaudhari urged the Court to examine if there was any material to remand Kejriwal at all.

He told the Court that the CBI should place on record what material they had unearthed against Kejriwal to arrest him on June 26. He said that if the CBI cannot satisfy the Court on this aspect, the remand proceeding itself would be illegal.

Meanwhile, the CBI's counsel, Advocate DP Singh, questioned if such an application by Kejriwal opposing judicial custody was maintainable.

"Let them argue on maintainability, I don't think this is maintainable in view of Section 172, CrPC," he told the Court.

The trial court, in turn, said that it would be more appropriate for Kejriwal to move a bail application.

"You can file application for bail before the concerned court after a day or two. You can't just oppose JC (judicial custody) ...There is no provision for court to reject an application of IO (Investigating Officer) for remand to JC," Judge Sharma pointed out.

The judge also said that the material collected by the CBI cannot be disclosed to the accused.

"Though it is the court's obligation to see what steps IO has taken during investigating the matter... it is between court and IO. There is no need to disclose (to the accused).. No need to worry about that, court will satisfy itself on necessity of remand," Judge Sharma said.

Chaudhari clarified that he was not seeking access to the case diary or related investigation material, but urged the court to examine the case diary.

He further called on the Court to keep a record of all that is said by the CBI during hearings, so that the agency could be held accountable for their statements.

In this regard, he pointed out that the CBI had earlier assured the Supreme Court that its investigation would be completed by July 3, which is days away.

The trial court pointed out that even if the CBI is unable to follow through its commitments, it would at best be a ground for bail.

"I am here to assist, to say this is what has happened on facts. Your lordships may at least pin them (CBI) down on (what they have said)," Chaudhari replied.

He also submitted that Kejriwal may be sent to the judicial for the time being, while keeping his prayer opposing remand open.

"Consider keeping the last prayer open in light of first two prayers. Lordships may consider taking everything on record," he said.

Kejriwal was first arrested by the ED on March 21, 2024, in the money laundering case linked to the alleged Delhi excise policy scam.

Kejriwal has been accused of being a key conspirator in a plot to intentionally leave loopholes in the liquor policy to benefit certain liquor sellers.

The ED has alleged that the kickbacks received for leaving behind these loopholes were used by the Aam Aadmi Party (AAP) to fund its elections in Goa.

Both the CBI and ED cases against Kejriwal had stemmed from complaint filed by Delhi Lieutenant Governor, VK Saxena.