NEW DELHI: The Supreme Court on Thursday will hear Delhi Chief Minister Arvind Kejriwal’s plea seeking bail and challenging his arrest by the Central Bureau of Investigation (CBI) in a case linked to the excise policy scam. The CBI had arrested him on June 26 in connection with the case.According to the cause list, a bench of Justices Surya Kant and Ujjal Bhuyan is likely to hear the matter.The Aam Aadmi Party (AAP) leader had been granted bail by the top court on July 12 in the same case, which is being probed by the Enforcement Directorate (ED).On August 23, the top court allowed the CBI to file its counter affidavit and gave Kejriwal two days to file a rejoinder. The CBI challenged the AAP leader’s bail plea, claiming Kejriwal would tamper with evidence if released.The CBI, in its affidavit, argued that as a prominent politician and Chief Minister of Delhi, Kejriwal is highly influential and could influence witnesses and evidence already exposed to him during custodial interrogation, as well as potential witnesses. The agency added that he might tamper with evidence yet to be collected and hinder the ongoing investigation.The CBI also stated that despite multiple court orders that were “prima facie satisfied” of the offences for which cognisance has already been taken, and accused Kejriwal of attempting to politicise the case.Kejriwal has filed two separate petitions challenging the denial of bail and his arrest by the CBI. He has also contested the August 5 order of the Delhi High Court upholding his arrest.The Delhi High Court had dismissed Kejriwal’s plea against his arrest, stating that it was based on sufficient evidence collected and sanction obtained in April 2024. The court found his arrest to be legal and noted that there was no malice in the actions of the CBI, which demonstrated how Kejriwal could influence witnesses, who only came forward after his arrest.The HC observed that Kejriwal is not an ordinary individual and agreed with the special public prosecutor’s argument, advising him to seek regular bail from the trial court in the CBI case.It also noted that the crime’s connections extended to Punjab (where AAP is in power), but witnesses were initially unwilling to come forward due to Kejriwal’s influence. It was only after his arrest that they provided their statements, the Delhi HC observed.On August 14, the Supreme Court had refused to grant interim relief to Kejriwal, instead issuing notice to the CBI and seeking a detailed response by August 23 on his plea challenging the arrest.During one of the hearings, Kejriwal’s counsel, senior lawyer Abhishek Manu Singhvi, argued before the top court that the Delhi Chief Minister’s arrest by the CBI was an “insurance arrest,” as it occurred just when he was about to secure bail in a more stringent case filed by the ED under the Prevention of Money Laundering Act (PMLA).Singhvi had also requested interim bail for Kejriwal on health grounds, but the Supreme Court declined.Kejriwal was taken into custody by the CBI on June 26 while already in judicial custody at Tihar Jail related to a money laundering case filed by the ED. He was arrested by the ED on March 21 and granted bail by the trial court on June 20.However, the trial court’s order was stayed by the High Court. On July 12, the Supreme 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 in its formulation and execution.According to the CBI and ED, irregularities were committed while modifying the excise policy, with undue favours extended to license holders.
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