The CBI's case against Delhi Chief Minister Arvind Kejriwal in connection with the now-scrapped liquor policy is pure hearsay, his counsel, Senior Advocate Abhishek Singhvi told the high court today.
Appearing for the Aam Aadmi Party leader, Mr Singhvi scoffed at the CBI's use of the word 'sutradhar' (puppeteer) for Mr Kejriwal. "Sutradhar is the word used. CBI is poetic. The first time the excise policy went into making is September 4, 2020. There were nine expert committees for one year. These included four departments. After one year, in July 2021, for the first time, the policy is published. At least 50 bureaucrats were involved. The Lieutenant Governor signs it too. The only thing which happened was that the Lieutenant Governor and Mr Kejriwal signed it," Mr Singhvi said.
Countering the arguments by CBI counsel DP Singh, he said, "I don't want to make the Lieutenant Governor a co-accused, but Mr DP Singh, by his own logic, should make him an accused. The 50 bureaucrats, including the Chief Secretary, should also be co-accused," he added.
Mr Singhvi said the probe agency is trying to catch Mr Kejriwal by "presumptions and hypothesis".
"They refer to AAP spending Rs 4 crore on publicity. I wonder how much money the ruling party has spent on publicity. I wonder if CBI will ask them the question. Today there is no direct evidence, no recovery. There is pure hearsay," he said.
Mr Singhvi said the AAP leader meets the triple test for bail — he is not a flight risk, he is unlikely to tamper with evidence or to influence witnesses.
He doubled down that Mr Kejriwal's arrest is an "insurance arrest". "I got bail thrice, in one form or another, in the ED case. Since I was arrested by the CBI, there has been no confrontation, nothing."
"Have you ever seen a case where in 2023, I am called as a witness, there are no summons after that, and then in 2024 I am arrested?" Mr Singivi added.
Earlier, arguing against bail to Mr Kejriwal, the CBI's counsel said the agency had traced the money trail in the case and it amounts to Rs 44 crore. "This money went to Goa. Kejriwal himself told his candidates don't worry about the money, contest elections," he said.
"We sought sanction against two Punjab government officials, but the state government refused permission. I am saying this is one more influence exerted by Arvind Kejriwal. The Punjab officers came only after his arrest. There can't be more direct evidence than this."
The high court has now reserved its order.
The CBI today filed its final chargesheet in the case against Mr Kejriwal and five others, including AAP MLA Durgesh Pathak. The agency earlier filed a main charge sheet and four supplementaries in the case. Former Delhi Deputy Chief Minister Manish Sisodia, Telangana MLC K Kavitha and 15 others have also been charged in the case.