AAP to challenge Kejriwal's bail rejection by HC in apex court

Arvind Kejriwal/ File Photo

Delhi Chief Minister Arvind Kejriwal will be approaching the Supreme Court against the High Court's decision to junk his bail and uphold his arrest by the Central Bureau of Investigation in the corruption case stemming from the Delhi Excise Policy Scam, said Aam Aadmi Party. Earlier in the day, Justice Neena Bansal Krishna had dismissed Kejriwal's plea challenging his arrest by the CBI in the Delhi excise policy scam case saying that it cannot be said that his arrest was without any justifiable reason, reported PTI.

The PTI report stated that the HC, which disposed of the AAP national convenor's bail plea, granted him the right to petition the trial court for remedy. On July 17, the high court reserved its decision on his request to challenge his arrest by the CBI.

"Kejriwal will approach the apex court against the decision. The Supreme Court has already granted him interim bail in the Delhi excise policy scam linked money laundering case by ED," the party said.

Delhi HC junks grants Kejriwal permit to seek bail from trial court

The Delhi High Court on Monday allowed Chief Minister Arvind Kejriwal to seek bail from the trial court in the CBI corruption case involving the alleged excise policy scam. The judge acknowledged that Kejriwal's circumstances had altered since he first sought for release in the Delhi excise policy scam case.

Kejriwal sought bail at the High Court before the charge sheet had been submitted. However, the CBI has now presented its charge sheet to the special judge, prompting the High Court to advise Kejriwal to first seek bail in the trial court. This stage is expected to be more beneficial due to the case's intricacy and extensive material.

In a separate decision, the High Court rejected Kejriwal's petition challenging his arrest by the CBI. The court reserved its decision on this plea on July 17.

Justice Neena Bansal Krishna observed that, while district courts and the High Court have concurrent jurisdiction, it is usually preferable for the party to address the court of first instance. This approach is especially important in Kejriwal's case, given the complex facts and voluminous evidence on file, stated another PTI report.

According to the PTI report, the court emphasised that the charge sheet's filing before the special judge changed the circumstances since Kejriwal's bail application was first filed. The High Court dismissed the bail application, allowing Kejriwal to seek relief from the special judge.

According to the report, the CBI prosecutor contended that because of the extensive data about Kejriwal and his co-accused, the trial court should first evaluate the bail request. The CBI further said Kejriwal was a key organiser of the Delhi excise policy scam and offered evidence of his involvement.

Kejriwal's lawyer said that the arrest was an attempt to assure his continuous custody, noting that there was no concrete evidence against him. Despite the CBI's position, Kejriwal's counsel insisted that the High Court had jurisdiction to consider the bail request at the outset.

While in judicial custody in connection with a related money laundering case brought by the Enforcement Directorate (ED), Kejriwal was taken into custody by the CBI on June 26. On June 20, the trial court gave him bail in the money laundering case; however, the High Court overturned this decision. Later, on July 12, the Supreme Court granted him temporary bail, the news agency report added.

The relevant excise policy was discontinued in 2022 as a result of a CBI investigation into purported irregularities and corruption in its creation and implementation. License holders were given undue advantages and irregularities, according to the CBI and ED.

With PTI inputs