The Delhi High Court on Tuesday issued a notice to the Central Bureau of Investigation (CBI) regarding Delhi Chief Minister Arvind Kejriwal’s petition challenging his arrest in the Delhi excise policy case.
Justice Neena Bansal Krishna directed the CBI to respond within seven days and set July 17 as the next hearing date.
“Issue notice. Notice on behalf of the CBI is accepted. Let a detailed reply be filed within seven days. Rejoinder, if any, to be filed within two days. List for further hearing on July 17,” the court ordered.
On Monday, Aam Aadmi Party (AAP) national convener Kejriwal approached the high court, asserting that his arrest was “illegal” as it contravened the guidelines set by the Supreme Court in Arnesh Kumar v State of Bihar and section 41A of the Code of Criminal Procedure (CrPC). These guidelines mandate that the investigating officer must issue a notice to the accused before making an arrest without a warrant. The Supreme Court guidelines aim to prevent unnecessary arrests and ensure mandatory procedures are followed.
Kejriwal also sought to overturn the Delhi court’s June 26 and June 29 orders. On June 26, the court had remanded Kejriwal to three days of CBI custody, stating that the remand was justified as the agency had court permission to examine Kejriwal and found the need to arrest him based on the interrogation report. On June 29, the court remanded the AAP chief to 14 days of judicial custody until July 12.
The CBI claimed that Kejriwal’s arrest was necessary because he had been “evasive, non-cooperative,” and failed to provide satisfactory answers regarding his alleged role in demanding a ₹100 crore kickback. The CBI alleged that this money was funneled to AAP through his close associate Vijay Nair and used for the party’s Goa election campaign. Kejriwal has denied all charges, arguing that mere non-cooperation is not grounds for arrest.
During Tuesday’s hearing, senior advocate AM Singhvi, representing Kejriwal, urged the court to issue notice on the plea, asserting that there was no need to arrest his client. Singhvi highlighted that Kejriwal had been questioned for nine hours in April 2023 and was arrested based on a 2022 FIR. He argued that there was “no basis or reason” for the arrest, as Kejriwal was already in judicial custody and could neither be a flight risk nor tamper with evidence.
Special Public Prosecutor (SPP) DP Singh, attending the hearing virtually, accepted the notice for the CBI.
The CBI arrested Kejriwal on June 26 after a series of dramatic developments, including brief questioning at the court premises. The agency alleged that Kejriwal was a key conspirator in the criminal conspiracy, with former party functionary Vijay Nair contacting liquor manufacturers and traders for undue gratification since March 2021.
According to the CBI, Kejriwal asked YSRCP’s Magunta Srinivasulu Reddy to provide “monetary funding to the AAP” in exchange for support in Delhi’s liquor business. The agency claimed to have corroborated these allegations with contemporaneous documentary evidence. They also alleged that BRS leader K Kavitha demanded ₹100 crore as upfront money for the AAP, and that a wholesale license was granted to Indospirits, a company linked to Kavitha and Reddy’s son, despite pending complaints of cartelization.
Kejriwal’s lawyers have questioned the credibility of the federal agencies, pointing out that they rely on witnesses who were granted pardons and turned approvers.
The CBI has filed four charge sheets in the case against 17 accused persons, including Delhi Deputy CM Manish Sisodia and Kavitha. Kejriwal has not been named in any of the indictments yet. The agency claims that out of ₹100 crore received by AAP as kickbacks, ₹44.45 crore was transferred to Goa during June 2021 to January 2022 through “hawala channels” for election campaign purposes.
