In a significant development ahead of the Supreme Court hearing on granting bail to Delhi Chief Minister Arvind Kejriwal, the Central Bureau of Investigation (CBI) has taken him into custody in the same case. The arrest is linked to money laundering charges in the alleged excise policy scam.
It’s important to understand the different angles of investigation in this case. The Enforcement Directorate (ED) has been investigating the case from a money laundering perspective. They arrested Kejriwal in March on charges of money laundering, alleging the generation and use of tainted funds. The ED’s argument has been that money laundering is a standalone offense, independent of any underlying crime.
On the other hand, the CBI is probing the case against Kejriwal from the point of view of corruption and bribe-taking by public servants. They registered a Prevention of Corruption Act (PC Act) case in 2022 but did not initially name Kejriwal. However, they summoned him for questioning the following month. While Kejriwal’s lawyer argued that he was summoned as a witness and not an accused, he has not yet been formally named in the corruption case.
While the CBI had the option to arrest Kejriwal earlier, they needed to gather substantial evidence directly linking him to the alleged scam. This direct link is also a point of contention in the ED’s case, where they have alleged vicarious liability for Kejriwal as both the Chief Minister of Delhi and the convenor of the Aam Aadmi Party. This approach, however, cannot be used in the corruption case.
The CBI’s arrest of Kejriwal took place on Wednesday. The Vacation Judge of Delhi Court allowed the agency to examine/interrogate him in the courtroom before proceeding with his formal arrest. The court also asked the CBI to place on record the material they have for his arrest. The arrest comes as a significant development in the ongoing case and is likely to have major political ramifications.
