‘Witnesses Could Speak Up Only After Kejriwal’s Arrest’: HC Denies Relief to Delhi CM in Excise Policy Case

Witnesses could muster the courage to speak up against Delhi Chief Minister (CM) Arvind Kejriwal only after his arrest, the Delhi High Court (HC) observed on Monday, upholding his arrest by the Central Bureau of Investigation (CBI) in the alleged corruption case related to the now-scrapped liquor policy.

“The control and the influence which he has on the witnesses is prima facie borne out from the fact that these witnesses could muster the courage to be a witness only after the arrest of the petitioner, as highlighted by the learned Special Prosecutor," said Justice Neena Bansal Krishna in her 48-page-long judgment.

The HC also directed the Delhi CM to approach trial court for bail.

In its judgment, the court observed that the loop of evidence against Kejriwal was closed after his arrest. “No malice whatsoever can be gathered from the acts of the Respondent (CBI)," said the court.

Turning down Kejriwal’s legal team’s argument of “insurance arrest", the judge observed that the same was “not on account of a well-planned strategy" but “it is only after sufficient evidence was collected and the sanction was obtained in April 2024 that the CBI proceeded with further investigations into this matter."

On July 29, the CBI filed a charge sheet against Kejriwal and others in the Rouse Avenue Court.

During the course of the hearing, CBI SPP DP Singh argued that Kejriwal is the “sutradhar" of the “entire scam" and that there is direct evidence to show his involvement. He said that the trial court has already given a finding that the arrest was not illegal and the probe agency has passed the stage of legality of arrest in the court below.

Singh further submitted that mere filing of charge sheet does not entitle the CM to be released on bail. He said that bail has been denied to co-accused Manish Sisodia and K Kavitha even when charge sheet was filed against them.

“There are no orders which have released him on bail. Those are just interim orders. First was for the elections, and other is that it may be extended or can be reversed by the constitutional bench. The stay on bail in Enforcement Directorate (ED) case continues. It is an interim release dependent on another circumstance of the constitutional bench," Singh said.

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