DELHI Chief Minister Arvind Kejriwal on Thursday vehemently opposed in the Supreme Court the CBI’s argument that he should have approached the trial court first for bail in the corruption case linked to the alleged Excise Policy scam, asserting it would not be fair to send the matter back to the trial court at this stage. After protracted arguments by the counsel for the beleagueredAAP leader and the central probe agency, the court reserved its judgement on separate pleas filed by Kejriwal for bail and against his arrest by the Central Bureau of Investigation (CBI). Questioning the maintainability of Kejriwal’s pleas, Additional Solicitor General S V Raju, appearing for the central agency, submitted that even in the money laundering case in which he had challenged his arrest by the Enforcement Directorate (ED), he was sent back by the apex court to the trial court.

 

“He has approached Delhi High Court directly without going to sessions court. Under Section 439 of the Code of Criminal Procedure (CrPC), both have concurrent jurisdiction. My preliminary objection is he must first go to trial court. “He seems to be an extraordinary person who requiresdifferentapproach. WhenallotherAamAaadmis (common people) go to the trialcourtforbail,therecannotbeaspecialtreatmentfor anyone,” Raju told a bench of Justices Surya Kant and Ujjal Bhuyan. Raju said if the Supreme CourtgrantsbailtoKejriwal, it will demoralise the Delhi High Court, while had upheld his arrest. “Don’t say that.

 

Whatever orderwepass,wewillensure nothing like that happens,” the bench assured Raju. During the hearing, the bench made an oral observation that if the high court took a tentative view that Kejriwal should have approached trial court first, then it should have opined so when notice was issued in the first place. “Ideally, the High Court shouldhavebeendecisiveon this question. The High Court should have passed that order on that very day whennoticewasissued,”the benchsaid.Rajurepliedthat HighCourtsare heavilyburdened and that the Delhi High Court heard the matter on Muharram holiday. Contending that arrest is a part of an investigation, Raju opposed bail for Kejriwalandsaidhe isa very influential person who may tamperwith evidence inthe case.