A Delhi Court while upholding that the arrest of Delhi Chief Minister Arvind Kejriwal by the Central Bureau of Investigation (CBI) in the liquor policy case, observed that his arrest was not illegal. However, the court said that the CBI should not be "over zealous".
Vacation judge Amitabh Rawat of Rouse Avenue Courts upheld CBI's arrest and said that investigation is the prerogative of the investigating agency.
"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 over zealous," the judge remarked. However, he clarified that the custody has been granted for only three days and Arvind Kejriwal should be produced on June 29, before 07 PM.
"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 29.06.2024 before 07 PM."
The court in its order further said that Kejriwal should be medically examined immediately and thereafter and all the safeguards and directions of the Supreme Court should be scruplously followed during the police remand.
The court also allowed provision of medically prescribed diet/home cooked food to Kejriwal during the police custody remand.
"Accused may also be provided with the prescribed medicines as well as glucometer during the remand. Accused be also allowed to take spectacles," the order read.
While allowing CBI's request the court also said that the timing of Kejriwal's arrest may be circumspect but it is not the clear criterian for declaring an arrest illegal the court said.
The CBI told the court that custodial interrogation of Kejriwal was required for confronting him with the evidence to unearth the larger conspiracy hatched among the accused/suspect persons regarding formulation and implementation of the Excise Policy.
"His custodial interrogation is also necessitated to confront him with witnesses/suspectsor such other persons as deemed necessary. His custodial interrogation is necessary to establish the money trail of ill-gotten money generated. The custodial interrogation of accused is sought to establish the role of other accused/suspect persons including public servants as well as to unearth the facts which are in his exclusive knowledge, more specifically since he is influential and may derail the investigation herein, including tampering with the evidence and influencing witnesses."
The CBI has claimed that the entire policy was changed with manipulation at the behest of Arvind Kejriwal and thus his custodial interrogation is imperative for the investigation to reach its logical conclusion.