The Delhi High Court on Friday issued a notice to the Central Bureau of Investigation (CBI) regarding the bail plea filed by Delhi Chief Minister Arvind Kejriwal in connection with the Delhi excise policy case and posted the matter for hearing on July 17, providing no immediate relief to AAP chief.
Justice Neena Bansal Krishna sought the response of the CBI in a week and scheduled the case for further hearing on July 17.
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The court also observed that Aam Aadmi party chief had bypassed the trial court and directly approached the High Court for bail. “Petitioner has moved this court directly without going to the trial court. This contention will be considered at the later stage. CBI to file reply in a week,” the High Court said as quoted by The Bar and Bench.
The CBI arrested Kejriwal on June 26, while he was in judicial custody in connection with a money laundering case registered by the Enforcement Directorate (ED).
He had been granted bail in the ED case by the trial court on June 20, but the Delhi High Court stayed the order on June 25. Following this, CBI arrested him on June 26 and detained him until June 29. On June 29, he was remanded to judicial custody until July 12 after CBI did not seek an extension of custody. On July 3, he directly sought bail in the CBI case from the High Court. His plea challenging the CBI’s arrest and the trial court’s custody order remains pending.
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During the hearing, Senior Advocate Abhishek Manu Singhvi argued for Kejriwal, asserting the High Court’s jurisdiction.Senior Advocate Vikram Chaudhari, also representing Kejriwal, claimed a violation of Section 41A of the Code of Criminal Procedure, which requires notice before arrest without a warrant.
“Our principle argument is that Section 41A has been violated. The trial court has said that 41 A has not been violated that’s why we are saying going to the trial court will be a futile exercise,” Chaudhari said.
The Delhi Chief Minister’s petition contesting his arrest by the CBI and the trial court’s decision to place him in the agency’s custody is currently awaiting consideration by the High Court.