Singhvi, representing Kejriwal, told the Supreme Court that Kejriwal was found fit for release twice in the excise policy-linked money laundering case, once by Supreme Court too even under higher threshold of the section 45 of the Prevention of Money Laundering ACT (PMLA) and he would have been out but the CBI arrested him after waking up while nothing had happened in between.
File photo of Delhi Chief Minister Arvind Kejriwal (Photo credit: PTI)
New Delhi: Senior advocate Abhishek Manu Singhvi, representing Delhi Chief Minister Arvind Kejriwal before the Supreme Court, told the top court that the arrest of Arvind Kejriwal in the corruption case by the Central Bureau of Investigation (CBI) was an “insurance arrest” and a case of non-arrest was converted into a case of arrest in violation of legal principles.
CBI arrested Kejriwal in corruption case in violation of settled laws: Singhvi
Singhvi told a bench comprising Justice Surya Kant and Justice Ujjal Bhuyan that the CBI arrested Kejriwal in the corruption case without complying with section 41 and 41A of the Criminal Procedure Code (CrPC) and in violation of the earlier judgements and the only ground mentioned to arrest him in an arrest memo is that his answers are evasive and he is not cooperative but it is a settled law that an accused cannot be expected to incriminate himself.
No substantial material was demonstrated before special judge to justify Kejriwal’s arrest, grounds were vague: Singhvi
Singhvi further told the bench that Kejriwal was found fit for release twice in the excise policy-linked money laundering case, once by Supreme Court too even under higher threshold of the section 45 of the Prevention of Money Laundering ACT (PMLA) and he would have been out but the CBI arrested him after waking up while nothing had happened in between.
“I am the most captive interrogatee you can find, ever. Just for insurance you (CBI) arrested! No substantial material was demonstrated before special judge to justify my (Kejriwal) arrest, grounds were vague. I pose no threat to society,” Singhvi argued.
Triple test is satisfied fully: Singhvi
Singhvi further told the bench that Kejriwal is a constitutional functionary and is not a flight risk and he has cooperated when called for questioning and more than two years have passed and a total of 13 charge sheets have been filed in the excise policy cases with thousands of pages of documents and so evidence cannot be tempered. Other accused persons have been granted bail and triple test is satisfied fully, Singhvi added while urging the court to grant Kejriwal bail.
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