A Delhi Court yesterday said that the arrest of Chief Minister Arvind Kejriwal by Central Bureau of Investigation (CBI) in the liquor policy case, at this stage, cannot be said to be illegal.
The timing may be circumspect but it is not the clear criterian for declaring an arrest illegal,” the court said.
The court rejected Kejriwal's plea seeking rejection of CBI's prayer for remand custody and to release him by holding the arrest illegal.
“Let the medically prescribed diet/home cooked food be provided to the accused during the police custody remand,” the court said.
This was hours after the Delhi High Court stayed the bail granted to the Chief Minister in the PMLA case.
A Delhi Court yesterday said that the arrest of Chief Minister Arvind Kejriwal by Central Bureau of Investigation (CBI) in the liquor policy case, at this stage, cannot be said to be illegal.
While remanding Kejriwal to CBI custody for three days, Vacation judge Amitabh Rawat of Rouse Avenue Courts underscored that while the arrest is not illegal, CBI should not be over zealous.
“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 court said.
On the submission of Senior Advocate Vikram Chaudhari representing Kejriwal that there was no necessity to arrest, the court said that the timing of arrest may be circumspect but it is not the criteria for declaring the action illegal.
“This Court has to consider, at this stage, the merits of the case. The timing may be circumspect but it is not the clear criterian for declaring an arrest illegal,” the court said.
It added: “At this stage of investigation, statement of witnesses and documentary evidence will be considered as it is. The police custody remand of the accused is, therefore, warranted.”
Accordingly, the court allowed CBI's plea for custody remand in view of the fact of the investigation leading to Kejriwal's arrest, the role ascribed to him and the necessity to confront him with the evidence in the case of conspiracy.
While CBI sought five days of custody for Kejriwal, the court allowed the same only for three days.
The court rejected Kejriwal's plea seeking rejection of CBI's prayer for remand custody and to release him by holding the arrest illegal.
The Chief Minister will now appear before the vacation judge on June 29 before 7 PM.
The court ordered that all the safeguards and directions of the Supreme Court of India be scrupulously followed during the police remand.
It allowed two lawyers and Kejriwal's wife to collectively have a meeting of one hour on each day from 6 PM to 7 PM of the remand.
“Let the medically prescribed diet/home cooked food be provided to the accused during the police custody remand,” the court said.
It also allowed the Chief Minister to be provided with the prescribed medicines as well as glucometer during the remand, as well as to take his spectacles.
On Tuesday, the probe agency examined the Chief Minister in Tihar jail where he is lodged in judicial custody in relation to the money laundering case being probed by the Enforcement Directorate (ED).
Kejriwal's statement was recorded. This was hours after the Delhi High Court stayed the bail granted to the Chief Minister in the PMLA case.
After court's permission, CBI yesterday examined Kejriwal in court and then formally arrested him in the matter.
Kejriwal was arrested by the Enforcement Directorate (ED) on March 21. In May, he was granted interim bail by the Supreme Court till June 01 in view of general elections. He surrendered on June 2.
D.P. Singh and Pankaj Gupta, Sr. Special Public Prosecutors appeared for CBI
Senior Advocate Vikram Chaudhari, alongwith Advocates Vivek Jain, Mohd. Irshad, Karan Sharma, Mudit Jain, Rajat Jain, Sadiq Noor, Mohit and Kaustubh Khanna represented Arvind Kejriwal
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