Arvind Kejriwal moves Supreme Court against CBI arrest

Delhi chief minister Arvind Kejriwal has approached the Supreme Court challenging his arrest by the CBI (Central Bureau of Investigation) in the Delhi excise policy case. The Delhi High Court had previously declined to quash his arrest on 5 August, prompting Kejriwal's immediate appeal to the Supreme Court.

The Delhi chief minister's plea against his arrest by the CBI was dismissed by a single-judge bench of the high court, while offering him liberty to approach the trial court for bail. In his new petition to the Supreme Court, Kejriwal has challenged the Delhi High Court’s decision.

Senior advocate Abhishek Manu Singhvi requested an urgent hearing from Chief Justice of India D.Y. Chandrachud, who said he would review the request and schedule a hearing. Singhvi was asked to send an email.

Kejriwal was arrested by the CBI on 26 June 2024, while already in the Enforcement Directorate’s custody over a money-laundering case related to the alleged liquor policy scam. Although the Supreme Court granted him interim bail in the money laundering case on 12 July, he remains in custody due to the CBI's arrest.

Singhvi, who is representing Kejriwal, criticised the CBI arrest as an “insurance arrest”, arguing that it was a reaction to the interim bail granted by the Supreme Court. He pointed out that the liquor policy was signed by both Kejriwal and then-lieutenant governor Anil Baijal, suggesting that both should be treated equally in the investigation. Singhvi claimed that the arrest was based on presumptions and not concrete evidence.

In contrast, CBI special public prosecutor D.P. Singh argued that Kejriwal played a central role in the alleged scam and that there is direct evidence of his involvement. Singh maintained that the trial court had already deemed the arrest legal and that the chargesheet alone does not entitle Kejriwal to bail, noting that co-accused like Manish Sisodia was also denied bail — and has now been released on bail.

Kejriwal's plea comes soon after the Supreme Court granted bail to former Delhi deputy chief minister Manish Sisodia on 9 August, citing prolonged detention and the right to a speedy trial under Article 21 of the Constitution. The court had noted that prolonged delays and routine denials of bail can infringe on fundamental rights.

The Delhi High Court, which had previously rejected Kejriwal's bail plea and did not address the legality of his arrest, directing him to approach the trial court for bail.