The CBI arrested Delhi Chief Minister Arvind Kejriwal in the liquor policy case on Wednesday after the Rouse Avenue Court allowed the agency to examine the AAP supremo in court.
Following the arrest, Kejriwal withdrew the petition filed in the Supreme Court challenging the order passed by the Delhi High Court staying his bail in the money laundering case.
Kejriwal was arrested by the ED in the money laundering case stemming from the alleged liquor policy scam on March 21. He is presently lodged in Tihar Jail, reports India Today.
On Wednesday, the CBI sought Kejriwal's custody before the Rouse Avenue Court. However, the court pointed out that Kejriwal was not formally arrested yet by the CBI.
"I would like to seek formal custody to interrogate and make a formal arrest," the CBI lawyer told the court.
Opposing the CBI's demand, Kejriwal's lawyer Vikram Chaudhari said he was not informed about the CBI moving an application before the court and securing an order to question him.
"The manner in which this has been done is of grave concern. Please allow us access to the documents and defer this hearing to tomorrow... Heavens will not fall if we file a reply," Kejriwal's counsel said.
The CBI took Kejriwal's statement from jail on June 25 and sought his production before the trial court on Wednesday.
The CBI, represented by senior advocate DP Singh, said that investigation was the prerogative of the agency and the law does not mandate that the accused should be informed.
"The law does not say that I have to tell them when I want to go and investigate him. The same thing happened in the case of K Kavitha. I only need the court's permission," the CBI said.
Kejriwal's lawyer argued that no Section 41 notice was given under the Code of Criminal Procedure (CrPC) to appear for questioning.
"If My lords allow them to arrest him (Kejriwal), my lords will be allowing their shoulders to be used as a gun to shoot him. If My lords give them the permission to arrest, my lords will effectively be sanctifying the remand," he said.