New Delhi: The Delhi High Court on Friday issued notice to the CBI on the bail plea filed by Delhi Chief Minister Arvind Kejriwal, who is in CBI custody in connection with the alleged liquor policy scam.
Justice Neena Bansal Krishan, after hearing the bail plea, sought a response from the Central Bureau of Investigation (CBI) and listed the matter for hearing on July 17. when Kejriwal's plea challenging his arrest is also listed.
Senior Advocate Abhishek Manu Singhvi, appearing on behalf of the Delhi Chief Minister, said, “This is not a case where even the remotest allegation of triple test is being touched. Four people have got bail in this case. On a normal bail test, which test keeps him in jail? He has been arrested after two years."
The triple test or the tripod test for deciding bail application takes into account whether the accused is a flight risk, whether there is apprehension of the accused tampering with the evidence, and whether there is apprehension of accused influencing witnesses.
Singhvi further said Kejriwal got bail in the ED case from the trial court and was arrested only after that.
"He is not a proclaimed offender or terrorist, he is seeking some interim relief," the lawyer said.
Advocate DP Singh, appearing for the CBI, said, “They have challenged the arrest; it is already pending here. The first court for bail should have been the trial court.”
The court asked Singhvi whether or not they have filed a bail plea before the trial court. Singhv replied, “There are nine judgements of the Supreme Court saying that one can directly approach the High Court.
Singhvi further said the high court is already seized of the plea challenging the illegal arrest in the (CBI) case. Advocate DP Singh, who also represented the Enforcement Directorate, informed the court that in the ED case, the defence plea against arrest was pending in the apex court, and they have filed for bail in the trial court.
Singhvi replied, “The sequence was different there. This is an avoidance technique. The law is clear. My lord (High Court) has jurisdiction."
The court said "We have concurrent jurisdiction. The Apex Court has said don't clog the higher courts when the remedy is available to you. There must be some reason why you come to the High Court directly."
The judge then in his order noted that the petitioner has moved the high court directly without going to the trial court and issued a notice to CBI to file a reply in a week. The matter was listed for hearing on July 17.
Kejriwal was remanded to CBI custody for three days on June 26 by vacation judge Amitabh Rawat, observing that the arrest, at this stage, cannot be said to be illegal.
Later, on June 29, vacation judge Sunena Sharma sent Kejriwal to judicial custody for 14 days, as the CBI did not ask for further police custody.
Justice Krishna of the Delhi High Court recently issued notice on Kejriwal's plea challenging the CBI's arrest and three days of police custody remand. The case is fixed for hearing on July 17.
The CBI had arrested Kejriwal when he was still in Tihar Jail in connection with the ED case.
He was formally arrested inside the court by the CBI on June 26 when he was produced before the Rouse Avenue court.
Kejriwal was first arrested by the Enforcement Directorate (ED) on March 21.
In May, the Supreme Court granted him interim bail until June 1, given the general elections. He surrendered on June 2.
