Arvind Kejriwal Bail Hearing Highlights: SC reserves order on Kejriwal’s pleas challenging arrest by CBI, seeking bail in excise policy case

The national capital breathed clean air for 128 days of the first half of 2024, according to a Delhi government report.

The report by the Delhi Pollution Control Committee (DPCC) said that the "Good days' (good/satisfactory/moderate days together) during the January-July, 2024, period was 128. The number of 'good days' from August 1 to August 20 was 20, it said.

The number of 'good days' referring to air quality, increased from 159 in 2018 to 206 in' 2023, it said.

An air quality index (AQI) between zero and 50 is considered "good", 51 and 100 "satisfactory", 101 and 200 "moderate", 201 and 300 "poor", 301 and 400 "very poor", and 401 and 500 "severe".

The identified sources of air pollution are vehicular and industrial emissions, open burning and other combustion sources.

The report cited various steps taken by the Delhi government to mitigate air pollution in the city.

A total of 385 dedicated enforcement teams of the Transport Department and Traffic Police have been formed to check vehicular pollution. These teams impounded 308 over-age vehicles between January 1 to July 15, 2024. (PTI)

Former education minister and AAP leader Manish Sisodia on Thursday said a teacher's salary should be more than that of an IAS officer if India wants to evolve into a developed country by 2047.

He made the remarks while addressing a 'Shikshak Samman Samaroh,' organised by the Municipal Corporation of Delhi at the agency headquarters on the occasion of Teachers' Day. Sisodia was invited at the event as the chief guest.

"Today, there is a lot of talk about India of 2047. The teachers who are sitting here today, the children you have with you are very important for 2047. The India of 2047 depends on these children. But even policy makers have to do something for them," Sisodia said.

"In most developed countries, the salary of teachers is more than the bureaucrats there. A teacher with five years of experience draws more salary than an IAS officer with five years of posting," he added, citing examples of Germany, Switzerland and a few other countries.

Talking about his incarceration in Tihar jail, Sisodia said he spent 8-10 hours every day reading books and learning about the education system of different countries. (PTI)

Delhi receives rain showers. 

#WATCH | Delhi receives rain showers; Visuals from Firozshah road pic.twitter.com/UsHmmskCMz

— ANI (@ANI) September 5, 2024

Delhi Chief Minister Arvind Kejriwal had a "preconceived" plan to privatise liquor business in the national capital and his Aam Aadmi Party (AAP) benefited from illicit funds it raised through the excise policy "scam", the Central Bureau of Investigation (CBI) has alleged before a special court here.

The CBI made the allegations before Special Judge Kaveri Baweja in its supplementary charge sheet filed against Kejriwal in the case recently.

The court took cognisance of the charge sheet against Kejriwal, AAP MLA Durgesh Pathak and others on September 3.

According to sources, the CBI alleged that Kejriwal, who was the overall in-charge of the party as its national convenor, was behind the criminal conspiracy to generate illicit funds.

It alleged that in order to execute his preconceived plan, Kejriwal sought monetary support for AAP in March 2021, when the excise policy was being formulated by a Group of Ministers (GoM) led by co-accused Manish Sisodia. Sisodia was then the deputy chief minister and held the excise portfolio. (PTI)

The CBI has registered a case into the alleged killing of Shankar Meena in Rajasthan's Peeplu last year against four members of the police patrol unit and others, officials said on Thursday.

The case of 20-year old Meena, who was allegedly killed by the sand mafia last year was handed over to the CBI by the Rajasthan High Court on August 14.

The killing had resulted in massive protests by the locals against the lease holder of sand mines.

It is alleged that four members of the police patrol were hand in gloves with the killers, they said. (PTI)

A court here has sentenced a juvenile to 20 years of rigorous imprisonment for raping two minors, aged five and six years, in 2017, saying the offence of rape at such a young age is soul shattering for the victims and its horrific memories are going to haunt them throughout their life.

Additional Sessions Judge Amit Sahrawat was hearing a case against a child in conflict with law (CCL), who was convicted of the charges of rape and aggravated penetrative sexual assault.

Earlier, a Juvenile Justice Board (JJB) noted that the CCL was more than 16 years of age and said he should be tried as an adult offender. The case was then referred to a special court.

Special Public Prosecutor Vineet Dahiya said the juvenile had committed a heinous offence.

In an order passed on Wednesday, the court said the aggravating factor in the case was that the offence was committed with two small children at the same time, while the mitigating factor was that the accused was "a victim of bad society".

"Considering that the possibilities of the CCL to become a part of the society have to be kept open, this court is of the considered opinion that he should be given minimum sentence," it said. (PTI)

Lt Governor VK Saxena has approved the creation of more than 3,200 posts in the Delhi prisons department and directed that they be filled within six months, Raj Niwas officials said on Thursday.

The 3,247 posts include superintendent, deputy superintendent, assistant superintendent, head warder, head matron, warder, section officer, accounts officer, assistants and drivers, they said.

The lieutenant governor also approved the restructuring of the prison cadre and instructed that timely promotion of staff be ensured so that they are motivated, they added.

The new posts include appointments in groups A, B and C of different cadres such as jail, technical and ministerial in the prisons department, the officials said.

They will be deputed in various jails of the prisons department -- Tihar, Mandoli and Rohini.

The posts were created following due process, with the prisons department first proposing their creation by factoring in shortages as well as future requirements before getting those vetted by the administrative reforms department. (PTI)

The CBSE has issued showcause notices to 27 schools in Delhi and Rajasthan for "dummy enrolment" of students, top officials said on Thursday.

The board is also contemplating legal action against those found guilty of non-compliance.

The move came after the Central Board of Secondary Education (CBSE) conducted a surprise inspection at these schools to check the "dummy school" menace.

"Majority of the inspected schools were found to have violated the board's affiliation by-laws by enrolling students beyond their actual attendance records, effectively creating 'dummy' enrolments. Additionally, schools were found to be flouting infrastructural norms of the board," CBSE Secretary Himanshu Gupta said.

"The CBSE has taken cognisance of these serious violations and showcause notices are being issued to the defaulting schools. Legal action is also being contemplated against those found guilty of non-compliance," he added.

Scores of students preparing for engineering and medical entrance examinations prefer to take admission in dummy schools so that they can focus solely on their preparations for the competitive exams. They do not attend classes and straightaway appear in the board exams. (PTI)

The Supreme Court on Thursday reserved its order on Delhi Chief Minister Arvind Kejriwal's separate pleas seeking bail and challenging his arrest by the CBI in the alleged excise policy scam.

A bench of Justices Surya Kant and Ujjal Bhuyan heard arguments put forward by Additional Solicitor General S V Raju, representing the Central Bureau of Investigation (CBI), and senior advocate Abhishek Singhvi, appearing for Kejriwal.

"Thank you for the assistance. Judgment reserved," the bench said after the lawyers concluded their arguments.

Kejriwal has filed two separate petitions challenging the denial of bail and against his arrest by the CBI in the the corruption case filed by the central agency.

The AAP chief was arrested by the CBI on June 26.

The Delhi High Court had on August 5 upheld the arrest of the chief minister as legal, and said there was no malice in the acts done by the CBI which was able to demonstrate how the AAP supremo could influence witnesses who could muster the courage to depose only after his arrest. (PTI)

If Supreme Court grants bail to Delhi CM Arvind Kejriwal, it will demoralise Delhi High Court, says ASG S V Raju. The Supreme Court is currently hearing Delhi Chief Minister Arvind Kejriwal’s plea seeking bail and challenging his arrest by CBI in the excise policy scam case. (PTI)

Arvind Kejriwal has not annexed copy of charge sheet, his bail plea should be dismissed on ground of concealment: ASG S V Raju tells SC. (PTI)

"Today 47,914 regular teachers and  7,000 teachers recruitment is under process. Arvind Kejriwal's government is the first government that is formed which decided to send its teachers abroad for training... Teachers training is only a launch pad though true education only happens between the child and the teacher in the classroom. We facilitate a support system," said Delhi Education Minister Atishi during the felicitation of 118 selected teachers for the State Teachers Award - 2024 at Thyagraj Stadium on the occasion of Teachers Day on Thursday. 

"Unlike other professions, if there is any fault in the teacher then it affects the entire nation. that is why I am saying teachers are very important.We hope you will provide the best education to the students in your classroom," said Atishi. 

ASG appearing for CBI argued before the SC that the remand application was supplied and it included detailed ground of arrest. SV Raju also cited Pankaj Bansal case, Bar and Bench reported. ASG was quoted as saying by Bar and Bench, "We sought permission from the court on 24th. We got permission. We said despite the permission, we want to arrest. The Court has accepted that, it wasn't challenged."

ASG SV Raju tells SC, "It is also held that without a warrant, arrest can be made for proper investigation and it is when evidence is not tampered or witnesses are threatened etc. Our case falls under this category."

ASG SV Raju appearing for the CBI reads out witness statements which indicate how Kejriwal was the "main conspirator" in the excise policy case, Bar and Bench reported.

The Supreme Court has re-assembled and ASG SV Raju is reading and has recounted trial of alleged events.

Its lunch break at SC and hearing will resume afterwards.

ASG told the SC that no expectional circumstances can be found to justify Kejriwal bypassing sessions court and approaching High Court directly for bail. Only exceptional circumstance is that Kejriwal is a Chief Minister, but that cannot be a ground for Delhi High Court to directly entertain his bail plea was quoted as saying by Bar and Bench.

ASG Raju said, "Yes, there can't be special treatment for a special person. There is no special person in law at all! All other aam aadmis (common man) have to go to sessions court."

Justice Kant responding to ASG Raju's argument said as per Bar and Bench, "High Court should be decisive enough to take a call then and there.. If you want to send someone to trial then such a call has to be taken. Question of maintainability also has to be decided."

ASG criticised Kejriwal for approaching HC instead of sessions court and said, "Why should (Kejriwal be allowed to approach High Court of Supreme Court directly) just because he is influential? Even for liberty, ordinary people go to trial court. They can't all come to Supreme Court. And then there are people who play snakes and ladders."

ASG SV Raju appearing for the CBI tells SC according to Bar and Bench, "He went to trial court, it was rejected. Then High Court rejected it... in Kavitha's case also, the Supreme Court intervened after lower court rejections and not before that."

ASG said, "They came here (Supreme Court) and then they approached High Court and then again they came to Supreme Court, and then this Court decided the matter. This is the snake and ladder they were talking about."

Additional Solicitor General SV Raju appearing for the CBI objected to Kejriwal’s bail plea saying sessions court was not approached first. ASG was quoted as saying by Bar and Bench, "He approached the High court without going to the sessions court. This is my preliminary objection. On merits trial court could have seen it first. HC was made to see merits and it can only be in exceptional cases. In ordinary cases sessions court has to be approached first."

Referring to principals underlying grant of bail, Kejriwal's lawyer Singhvi was quoted as saying by Bar and Bench, "Bail the rule and jail the exception, delay trumps Section 45 PMLA, multiple chargesheets filed, do not keep incarceration as punishment, triple test, can you be secured for attendance in trial, etc. These are the only principles relevant."

Singhvi added, "Multiple chargesheets have been filed, prolonged incarceration cannot be there, is the triple test satisfied ...? Yes, it is.. all the judgments held on these points.. In Manish Sisodia, the Court held that in this particular case of excise policy, trial is impossible to finish."

ASG S V Raju appearing for CBI tells the SC as per Bar and Bench, "Sisodia went to trial court, here you have not even gone once. There are large number of cases where Supreme Court said we can't interfere, go back to trial court. It is not fair to look at one para like that without facts. My lords cannot be the first instance, there is a hierarchy."

Singhvi replies, "Kindly ... How conveniently hierarchy comes."

Kejriwal's lawyer Singhvi countered CBI's preliminary objection that the case should be remanded to lower court and earlier said according to Bar Bench, "Triple test satisfied fully. Every other possible co accused has been released. I am taking about same case (alleged Delhi excise policy exam), Vijay Nair, Manish Sisodia, Butchi Babu, Sanjay Singh and more."

Additional Solicitor General SV Raju appearing for CBI asks as per Bar and Bench, "Is he arguing on bail or arrest? We have preliminary objections, he cannot mix the two. He has no case."

Senior advocate Abhishek Singhvi argued for Kejriwal as per Bar and Bench, 'I am the most captive interrogatee you can find, ever. Just for insurance you arrested! No substantial material was demonstrated before special judge to justify my arrest, grounds were vague ... You (CBI) knew if I win in the ED case, you (CBI) must have insurance arrest ready.'

Senior advocate Abhishek Singhvi, appearing for Kejriwal reiterates that it is an insurane arrest. Singhvi was quoted as saying by Bar and Bench, "Lordships surely sees this is insurance arrest, reading even between the lines. Earlier they didn't want to arrest on findings.

Singhvi said, "They (CBI) made an application to examine Kejriwal as an accused under 41A! This 41A is proof positive that they don't want to arrest (earlier)! ... (They said) 'we want to interrogate.' That is allowed by the judge while I am in custody ... The next day, they interrogate me for 3 hours. The application is under 41A but there was no 41A notice (to Kejriwal). Now my question is, how does this ("item 29") suddenly become an arrest? ... This is nothing but an insurance arrest and an insurance arrest in a hurry!"

Arvind Kejriwal is a constitutional functionary, not a flight risk: Abhishek Singhvi tells SC 

PTI

Senior Advocate Abhishek Singhvi appearing for Kejriwal argues as per Bar and Bench, "CBI without complying with Sections 41 and 41A arrested Kejriwal in violation of, Arnesh Kumar, Antil etc. judgments. The only ground mentioned to arrest him in a arrest memo is that his answers are evasive and he is not cooperative. Now, there are at least three cases (Santosh, etc.) which say that an accused cannot be expected to incriminate himself. It is settled."

Arvind Kejriwal's lawyer Abhishek Singhvi is currently arguing before the SC. Singhvi says as per Bar and Bench, " The statement that they (CBI) rely on are from January. We are in June ... A case of non arrest under 41A was converted into a case of arrest."

Justice Kant replies, "When you are in custody .. if you are arresting him again, then you need permission of the court.. there is something in the criminal procedure code.. just for academic purposes."

Singhvi further says, "Not a single clause of (Section) 41A (of CrPC) is complied with (while making the arrest) ... You have not arrested me for two years, you are arresting me in June."

A while ago...

As the SC bench began hearing Arvind Kejriwal's plea, Abhishek Singhvi, senior advocate appearing for AAP supremo said, "Something remarkable and unprecedented.. this is perhaps the only case where I got two release orders under PMLA stringent law which has a bar of Section 45 from this court and another detailed order from High Court. Then there was this insurance arrest in the predicate offence by CBI," Bar Bench reported.

Senior Advocate Abhishek Singhvi appearing for Kejriwal tells the apex court:  Please see the CBI FIR. I am not named. Then there is ECIR by ED. Then comes when i was called by CBI for questioning for about 8 to 9 hours as a witness. In March 24, I was arrested by the ED and not CBI. 

Singhvi adds, "What started in August 2023 led to arrest in March 2024. in ED case, there are 2 significant release orders. in one SC noted he is not a threat to the society, and it was an interim release. It was held not a threat in a ED case, then the second order was a detailed one. It was a regular bail granted by trial court and was mentioned on oral mentioning by the HC and is not pending adjudication by the HC. Then comes the detailed order by the SC, Justice Khanna led bench."

Inputs from Bar and Bench

The Supreme Court is currently hearing Delhi Chief Minister Arvind Kejriwal’s bail plea in connection with the now-scrapped excise policy case. A Bench of Justices Surya Kant and Ujjal Bhuyan are hearing the matter.

As per the CBI and ED, Arvind Kejriwal allegedly received “bribe money” from the ‘South Group’ (business persons from South India) in exchange for granting favours to them when the now-scrapped excise policy was being drafted. The CBI also alleged he ensured that Rs 90 lakh from “bribe money” would be given to each of the 40 AAP candidates during the 2022 Goa Assembly polls.

The Supreme Court is likely to hear Delhi Chief Minister Arvind Kejriwal’s bail plea today in connection with the now-scrapped excise policy case. A Bench of Justices Surya Kant and Ujjal Bhuyan is likely to hear the matter.

On August 23, the apex court had permitted the CBI to file its counter affidavit and gave two days to Kejriwal to file a rejoinder. In two separate pleas, Kejriwal has challenged the denial of bail and the arrest by the CBI. The Delhi High Court had on August 5 upheld his arrest and the AAP supremo has challenged the order. Meanwhile, earlier on July 12, the top court had granted bail to Kejriwal in the Enforcement case related to the scam. Kejriwal was first arrested by the ED on March 21 this year and later by the CBI on June 26.