The Central Bureau of Investigation (CBI) on Friday told the Supreme Court that Arvind Kejriwal is likely to tamper with evidence and hamper its ongoing probe in the Delhi Excise Policy case, if he is released on interim bail [Arvind Kejriwal v. Central Bureau of Investigation]
The CBI stated the same in an affidavit in response to the plea filed by the jailed Delhi Chief Minister to quash his arrest by the central agency and to release him on interim bail.
“Being a prominent politician and Chief Minister of Delhi, the Petitioner is very influential, and he may influence the witnesses and evidences already exposed before him during the custodial interrogation and also the potential witnesses. He would also likely tamper with the evidence to be further collected and may hamper the ongoing investigation.”
The CBI added, “The Petitioner is simply attempting to politically sensationalize the case before this Hon’ble Court, despite repeated orders passed by various courts being prima facie satisfied of the commission of the offences herein, for which cognizance already has been taken. Such unwarranted averments are liable to be discarded.”
A Bench of Justices Surya Kant and Ujjal Bhuyan today adjourned the case to September 5, to enable the filing of a rejoinder as well a counter-affidavit opposing the grant of bail to Kejriwal.
The Delhi High Court had on August 5 refused Kejriwal’s pleas in this regard, and asked him to approach the trial court for bail. This has led to the instant appeals by Kejriwal before the apex court. The Supreme Court had on August 14 sought the response of the CBI in the matter, but refused bail at that stage.
The CBI arrested Kejriwal on June 26 while he was in judicial custody in connection with a money laundering case probed by the Enforcement Directorate (ED). He and other Aam Aadmi Party (AAP) leaders are accused of hatching a criminal conspiracy to create loopholes in the Delhi Excise Policy to favour some liquor sellers.
The investigation agencies have alleged that the funds garnered from this exercise were used to fund the AAP’s election campaign in Goa. He was first arrested by ED on March 26, but was later granted interim bail by the Supreme Court in the ED case. However, he continues to remain in jail since he is yet to get bail in the CBI case.
Kejriwal had filed two separate petitions before the Delhi High Court – one seeking interim bail and another challenging his arrest by the CBI. The High Court rejected the plea to quash the arrest. Justice Neena Bansal Krishna said that there were adequate grounds to arrest Kejriwal.
As regards bail, the Court did not decide the plea on the merits, but asked Kejriwal to move the trial court instead. Kejriwal had approached the High Court directly for bail. He has challenged both these aspects before the Supreme Court.
The Supreme Court had recently granted bail to former Deputy Chief Minister of Delhi Manish Sisodia, in connection with the same case. It had taken critical note of the fact that High Courts and trial courts appeared to be “playing it safe” when they routinely deny bail in criminal cases instead of granting bail as the norm.
Source: Bar and Bench
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