Why Has CBI Arrested Arvind Kejriwal Now? How Is The Case Different From ED’s? Explained - News18 (2024)

Although Arvind Kejriwal was interrogated by the CBI in April, he was not named as an accused in the case. (File Photo: PTI)

The CBI began its probe in the alleged irregularities in the excise policy in 2022 on Lieutenant Governor VK Saxena's recommendation in July. Although Kejriwal was interrogated by the CBI in April, he was not named as an accused in the case

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Arvind Kejriwal is in judicial custody till July 12 in connection with the Central Bureau of Investigation (CBI) case related to irregularities in the Delhi government’s excise policy.

The arrest comes days after Kejriwal’s previous detention by the Enforcement Directorate (ED) on March 21 in a money-laundering case related to the now-scrapped excise policy. Though he was initially granted bail by the court, the decision was stayed by the Delhi High Court.

What are CBI and ED Cases Against Kejriwal?

The CBI and ED began probing the irregularities in the Delhi Excise policy 2021-22 that was aimed to maximise revenue for the region and combat sale of counterfeit liquor. The policy was scrapped in August 2022 over procedural irregularities.

On March 21, the ED arrested Kejriwal on money laundering charges under the Prevention of Money Laundering Act, 2022 (PMLA). In May, it filed it first charge sheet naming Kejriwal as accused in the case.

Section 3 of the Prevention of Money Laundering Act (PMLA) lists concealment, possession, acquisition, use, projecting as untainted property, or claiming as untainted property as crimes.

The document, which is the eighth in the series of charge sheets filed by the ED since November 2022, claimed Kejriwal directly involved in formulating the excise policy and demanded kickbacks of Rs 100 crore from the ‘South Liquor Lobby’.

The liquor lobby refers to a cohort of influential persons from South India who purportedly secured undue favours to establish wholesale businesses and paid political parties in return.

The CBI began its probe in the alleged irregularities in the excise policy in 2022 on Lieutenant Governor VK Saxena recommendation in July. Although Kejriwal was interrogated by the CBI in April, he was not named as an accused in the case.

The agency has so far filed four charge sheets against 17 accused persons including former Delhi Deputy Chief Minister Manish Sisodia and Bharat Rashtra Samithi legislator K. Kavitha.

What CBI Said in Its Remand Application

The CBI sought 14-day judicial custody for Kejriwal, alleging non-cooperation and evasive responses during his custodial interrogation in the excise policy-linked corruption case.

Advocate DP Singh, representing the CBI, argued that during Kejriwal’s police custody remand, he was uncooperative and provided evasive responses contrary to the evidence.

The agency said that Kejriwal could not justify why the revised excise policy was hurriedly approved by the cabinet during the second wave of Covid-19 pandemic, when individuals involved in the case were meeting with this close associate Vijay Nair in Delhi.

The agency argued that crucial witnesses were yet to be examined and additional evidence, including documents and digital data, needed to be collected.

Why Kejriwal was Arrested Now?

The CBI always had the option of arrested Kejriwal, but it would have needed strong evidence on his direct involvement in the alleged scam. This direct link is suspect in the ED’s case as well. The ED has made a case alleging vicarious liability, both Chief Minister of Delhi and as convener of the Aam Admi Party, to link Kejriwal to the alleged tainted funds, as mentioned in a report by The Indian Express.

Also, to secure a bail under PMLA is tough, which allows for the prolonged custody of the accused.

Bails in Corruption Cases

An accused in a corruption case can move the trial court for bail under the provisions of the CrPC. He or she is also entitled to anticipatory bail. However, as per a 2014 amendment, no accused shall be released on bail under the Prevention of Corruption Act unless an opportunity has been provided to the public prosecutor to oppose the bail application.

The factors that are considered while deciding a bail application under the Prevention of Corruption Act are: (i) the nature of accusation and the severity of the punishment in the case of conviction and the nature of the materials relied upon by the prosecution; (ii) reasonable apprehension of tampering with the witnesses or apprehension of threat to the complainant or the witnesses; (iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; (iv) character, behaviour and standing of the accused and the circ*mstances which are peculiar to the accused; (v) larger interest of the public or the State and similar other considerations.

The top court had in 2022 in Satender Kumar Antil vs CBI had asked the Union government to enact a separate bill to streamline the grant of bail as per the right to bail under Article 21 of the Constitution.

first published:June 30, 2024, 14:15 IST

last updated:June 30, 2024, 14:20 IST