The Delhi High Court has 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, as of Friday.
Justice Neena Bansal Krishna has requested the Central Bureau of Investigation (CBI) to provide its response and scheduled further hearing for July 17. The Court also acknowledged that Arvind Kejriwal has directly approached the High Court for bail, bypassing the trial court in this matter.
"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.
The Delhi Chief Minister has also challenged his arrest by the CBI and the trial court's decision to remand him to the agency's custody, which is currently pending before the High Court.
During today's hearing, Senior Advocate Abhishek Manu Singhvi, representing Kejriwal, asserted that the High Court holds jurisdiction over the matter. Senior Advocate Vikram Chaudhari, also appearing for Kejriwal, contended that the provisions of Section 41A of the Code of Criminal Procedure (regarding notice to the accused before arrest without a warrant) had been violated.
"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.
Singhvi added that Section 45 of the Prevention of Money Laundering Act (PMLA) on twin condition for grant of bail will not apply in CBI case.
"The Supreme Court has settled the law. There is no Section 45 PMLA involved here. My lord may hear it today itself. It is a bail plea. What is the point of all these judgements if my friend (CBI lawyer) comes and says I should go to trial court," Singhvi said.
Advocate DP Singh, representing the CBI, raised objections regarding the Chief Minister's decision to directly approach the High Court for bail.
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