Kejriwal can influence witnesses, CBI tells Delhi high court
The federal agency alleged that Kejriwal was not cooperative and remained evasive in an attempt to derail the probe, adding that his release will lead to “prejudice”
As the chief minister of Delhi, Arvind Kejriwal commands the clout to “influence witnesses and derail probe”, the Central Bureau of Investigation (CBI) said in its reply submitted in the Delhi high court, opposing the interim bail plea by the Aam Aadmi Party (AAP) convener which challenged his arrest in the excise policy case by the federal agency.
“The influence and clout of the petitioner is evident, and he commands influence not only over the GNCT of Delhi being the chief minister, but also over any or all relevant decision activities concerning the AAP, being its supremo and national convenor,” said the affidavit by the agency, submitted before a bench of justice Neena Bansal Krishna. The bench reserved its orders on Wednesday in the matter.
CBI also said that the agency’s investigation into alleged irregularities in the framing and implementation of the scrapped Delhi excise policy 2021-2022 has unearthed key details, including how crucial decisions were made at the behest of Kejriwal despite him not holding the ministerial portfolio of excise. The agency said Kejriwal connived with his former deputy Manish Sisodia to arrive at these decisions. On Sunday, officials of the Enforcement Directorate (ED) said the agency has “completed” the probe against Kejriwal and AAP in the case. CBI’s investigation stems from the money laundering case lodged by ED.
Accusing AAP and the CM’s wife Sunita Kejriwal sewing a “false narrative to influence witnesses”, the agency’s reply filed on Friday said: “He enjoys a close nexus with the officials and bureaucrats. His party colleagues and his wife continue to put a false narrative, for indirectly influencing the witnesses of the case for such narrative, thereby derailing the investigation.”
CBI special public prosecutor (SPP) DP Singh voiced these concerns during his arguments in court as he submitted that the petition for bail should be first argued before the trial court which is “well equipped with the facts” as the agency has filed four chargesheets in this case.
The federal agency alleged that Kejriwal was not cooperative and remained evasive in an attempt to derail the probe, adding that his release will lead to “prejudice”.
“Further investigation is ongoing on certain critical aspects... Any release of the petitioner on bail shall gravely prejudice the investigation and further proceedings herein, more specifically when the Petitioner fails to meet the ‘triple test’ for bail,” the agency argued. The triple test requires a court to be convinced that the release of the accused will not involve a flight risk, tampering of evidence or non-cooperation with further investigation.
Kejriwal’s petition in the high court suggested that his arrest was an attempt to scuttle, obviate and prevent his release from custody in the ED case after he was granted bail by the Delhi court on June 20. This order was later stayed by the Delhi high court on June 25 following which he was arrested by CBI on June 26.
The CM’s petition underscored that he was being subjected to “gross persecution and harassment for wholly malafide and extraneous considerations”. The plea added that the material based on which the AAP chief was arrested was already on record and his arrest nearly a year after the registration of the FIR smacks of “glaring malafide.”
Countering the submissions through its affidavit, CBI asserted that the AAP chief was aware of the line of investigation as he has been confronted with sensitive documents and statements of witnesses and if released there is a likelihood of him tampering with the evidence and influencing the witness.