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No Bail For Arvind Kejriwal Today As Supreme Court Reserves Verdict In Delhi CM's Plea

The Supreme Court reserved judgment in the petitions filed by Delhi Chief Minister Arvind Kejriwal challenging his arrest by CBI in Delhi excise policy case

The Supreme Court on Thursday reserved judgment in the petitions filed by Delhi Chief Minister Arvind Kejriwal challenging his arrest by CBI in Delhi excise policy case and seeking interim bail in the Delhi Liquor Policy case. The verdict is likely to be pronounced next week.

The apex court reserved its verdict after hearing both sides. ASG Raju appearing for CBI sought time to file a note till Monday. 

A bench of justices Surya Kant and Ujjal Bhuyan resumed hearing the petitions filed by Delhi CM today.

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Senior Advocate Abhishek Manu Singhvi appearing for CM Kejriwal told the top court today that the Delhi High Court did not pass an order on his bail petition despite hearing the case at length. 

Singhvi told the apex court that 1st July onwards, the High Court began hearing the case. There were two writ petitions by Kejriwal. One against the legality of CBI arrest, another for bail. On 17th July, the high court reserved judgment on arrest, but bail was re-notified later.

He said that no order was pronounced on bail despite the high court judge hearing the bail on merits.

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"After a month, the high court judge said, 'I decide not to decide bail' and asked me to go back to trial court for bail. There are 13 judgments by the Supreme Court that deprecates delay in bail and sends you back. What was the point of sending me back?" Singhvi appearing for Kejriwal questioned the high court order.

However ASG SV Raju appearing for CBI, told the top court that the high court examined the question of concurrent jurisdiction.

Justice Surya Kant while hearing the arguments orally remarked: "Ideally, the High Court should be decisive on this question immediately. The High Court should have passed that order on that very day when notice was issued."

The court further questioned the way CBI arrested Arvind Kejriwal, "When you are in custody...if you are arresting him again, then you need the permission of the court. There is something in the criminal procedure code," the bench remarked.

It may be recalled, that the AAP chief was first arrested by the ED on March 21 in a money laundering case under the PMLA Act. He was arrested by the CBI in a corruption case on June 26.

Singhvi argued that the CBI made an "insurance arrest," as they realised that Kejriwal will soon secure bail in the ED case, which he eventually did. He further pointed out that all the co-accused in the case, Manish Sisodia, Sanjay Singh, Vijay Nair and BRS leader K Kavitha, were granted bail by the Supreme Court.

The senior advocate further argued that the AAP chief was not a flight risk and was found fit for release by the top court on two occasions, first when he was granted an interim bail in May before the Lok Sabha elections and, second on July 12, when he secured interim bail in the ED case.

The Supreme Court had granted interim bail to the Delhi CM in the ED case on July 12.

 

 

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