'Can't be trigger-happy': Arvind Kejriwal's lawyer's argument in Supreme Court on CBI's arrest

Arvind Kejriwal is a constitutional functionary, not a flight risk, senior lawyer Abhishek Manu Singhvi told the Supreme Court on Thursday. Seeking bail for his client, the lawyer said the Central Bureau of Investigation (CBI) pulled off what he called “insurance arrest” after the Supreme Court granted him interim bail in May. He also argued that arrests need to be regulated and "you can't be trigger-happy".

AM Singhvi argued that Arvind Kejriwal's name was not mentioned as an accused in the original FIR filed by the agency in connection with the Delhi excise policy case. He said he wasn't called for questioning as a witness until almost eight months later.

He said Arvind Kejriwal was arrested by the Enforcement Directorate in March 2024, not the CBI.

"What started in August 2023 led to his arrest in March 2024. In the ED case, there are two significant release orders. In one, the Supreme Court noted he is not a threat to society, and it was an interim release. In the second order, it was a regular bail granted by a trial court. Then comes the detailed order by the SC; Justice Khanna led the bench," he said, per Bar and Bench.

“I go back to jail on June 2 (after interim bail) and the next judgment from the SC was on July 12, then on June 25, this arrest takes place in a CBI case even though no arrest happened for two years. This is a case of insurance arrest,” he said.

Also read: ‘Criminal conspiracy to privatise excise policy’: CBI's allegation against Arvind Kejriwal, AAP

Singhvi said the CBI had moved an application before a special court seeking to examine and interrogate Kejriwal, which was allowed. He was interrogated inside the Tihar Jail. It later moved an application for arrest "without any justification or compliance of Section 41 A," he said, per Live Law.

He further said that he was produced before a vacation judge. The only ground for his arrest was that he was non-cooperative and evasive in his replies.

"You can't just barge in to arrest without any basis. You can't be trigger-happy. There have to be safeguards," he added, per Live Law.