A Delhi court on Wednesday sent Chief Minister Arvind Kejriwal to the Central Bureau of Investigation's custody for three days after the agency arrested him in a corruption case related to the alleged excise scam.
Special Judge Amitabh Rawat passed the order on an application moved by the Central Bureau of Investigation, which arrested Kejriwal after obtaining permission from the court.
"In view of the factum of the investigation leading to the arrest of the accused, the role ascribed to him and the necessity to confront the accused with the evidence in the present case of conspiracy, the present police remand application of the accused is allowed. However, it shall be for a period of three days from today. Accused Arvind Kejriwal be produced on June 29, 2024 before 7 pm," the judge said.
He refused to declare the arrest illegal, as sought by the defence counsel, saying "the timing may be circumspect but it is not the clear criterion for declaring an arrest illegal".
"Investigation is the prerogative of the investigating agency, however, 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," the judge said.
He further directed that "Kejriwal be medically examined immediately and thereafter, in terms of the guidelines of the Supreme Court".
The judge also allowed Kejriwal to meet his wife and lawyers for one hour daily while he is in the CBI's custody.
The application seeking Kejriwal's arrest was moved by the CBI after the Aam Aadmi Party leader was produced before the court from the Tihar jail, where he was lodged in judicial custody in a money-laundering case linked to the excise "scam" being probed by the Enforcement Directorate.
Kejriwal will remain in the CBI's custody until his custodial interrogation in the corruption case comes to an end, which can go on for a maximum of 15 days.
If he fails to secure bail in both the cases being probed by the CBI and ED, he will go back to judicial custody once his police remand ends in the present case.
The court had, on June 19, extended Kejriwal's judicial custody in the money-laundering case till July 3.
In the application seeking the AAP leader's custody, the CBI told the court that he was required to be quizzed for unearthing the larger conspiracy in the matter.
It said Kejriwal was required to be confronted with the other accused and evidence in the case.
Kejriwal claimed innocence before the court.
"It is being run in the media through CBI sources that I have a statement putting the entire blame on (former Delhi deputy chief minister) Manish Sisodia. I have not given any such statement that Sisodia or anyone else is guilty. I have said Sisodia is innocent, the AAP is innocent, I am innocent. Their entire plan is to defame us in the media. Please record that all these have been run in the media through CBI sources," Kejriwal told the court.
He also claimed that the agency is sensationalising the issue.
"This will be the top headline in all the newspapers. Their aim is to sensationalise the matter," he told the court.
The CBI's counsel, however, said no source had said any such thing.
"I argued in court. No source said anything. And I argued on facts," the counsel said.
The judge, however, said the media picks up any one line.
"It is very difficult to control the media that way," he added.
The CBI made the arrest before the court after getting permission from the judge, who passed the order on an application moved by the agency seeking the court's permission to formally arrest Kejriwal.
The application was moved by the federal agency after Kejriwal was produced before the court from the Tihar jail.
"We need his custodial interrogation. What he is doing is, he is not even recognising that (co-accused) Vijay Nair was working under him. He says, Nair was working under Atishi Marlena and Saurabh Bharadwaj. He puts the entire onus on Manish Sisodia (also an accused in the case). He has to be confronted. He has to be shown documents," the CBI said.
It claimed that the "south lobby" visited Delhi when the COVID-19 wave was at its peak.
"Deaths were happening. They prepare a report and give it to Abhishek Boinpally. It is sent through Vijay Nair to Manish Sisodia. No meeting was called.
Signatures were obtained on the same day. On the same day, it was notified also. That was the haste. I ask myself, when there was Covid, who was at the helm of affairs? The chief minister. It was his direction. The south lobby is sitting in Delhi and they see to it that it is done, it is notified," the CBI told the court.
It accused Kejriwal of levelling an "unnecessary allegation of malice".
"An unnecessary allegation of malice is being made. We could have conducted these proceedings before the (Lok Sabha) election. I (CBI) am doing my job, satisfying every court," the agency's counsel said.
Replying to the court's "why arrest now" query, the counsel said the agency refrained from arresting Kejriwal, even from investigating the case while the polls were being held.
"The court was considering his interim bail for the election. If at that time I (CBI) would have arrested.... That shows my restraint that I did not arrest him when he was campaigning," the counsel told the court.
Kejriwal's lawyer opposed the CBI's plea seeking his custody, describing the agency's remand application as "totally vague".
"This is a classic case of abuse of power," the defence counsel said.
