Senior advocate Abhishek Manu Singhvi, representing Delhi Chief Minister Arvind Kejriwal, told the Supreme Court that Kejriwals arrest by the Central Bureau of Investigation (CBI) in a corruption case was unlawful and amounted to an insurance arrest. Singhvi argued that the arrest was made in violation of settled legal principles, converting a situation of non-arrest into an arrest without proper justification.CBI Violated Legal Norms in Arresting Kejriwal, Claims SinghviSinghvi told the bench, comprising Justice Surya Kant and Justice Ujjal Bhuyan, that the CBI failed to adhere to Sections 41 and 41A of the Criminal Procedure Code (CrPC) when arresting Kejriwal. He highlighted that the agency arrested Kejriwal solely because he was deemed evasive and uncooperative during questioning. According to Singhvi, the law is clear that an accused is not obliged to incriminate themselves, and the arrest memos reasoning was insufficient.The only ground given for his arrest was that his answers were evasive. It is a settled law that an accused cannot be forced to incriminate himself, Singhvi argued.Kejriwal Fit for Release No Substantial Grounds for Arrest, Singhvi StatesSinghvi further noted that Kejriwal had been found fit for release twice in the excise policy-linked money laundering case, even under the stringent provisions of Section 45 of the Prevention of Money Laundering Act (PMLA). However, the CBI proceeded to arrest him without any significant developments in the case.I am the most captive interrogatee you can find. For insurance, you arrested! No substantial material was presented before the special judge to justify my arrest. The grounds were vague. I pose no threat to society, Singhvi argued, quoting Kejriwal.Triple Test for Bail Satisfied, Says SinghviEmphasizing Kejriwals constitutional position and cooperation during investigations, Singhvi argued that he was not a flight risk and posed no danger of tampering with evidence. He noted that more than two years had passed since the investigation began, with 13 charge sheets already filed in the excise policy case, spanning thousands of pages of documents. Other accused individuals in the case have also been granted bail.The triple test is fully satisfied in this case. Kejriwal deserves bail, Singhvi concluded while urging the court to grant relief to the Delhi CM.
