Delhi Chief Minister Arvind Kejriwal (File).
New Delhi:
The Supreme Court on Monday refused Delhi Chief Minister Arvind Kejriwal immediate relief in his battle to overturn the High Court’s interim stay on a bail order issued last week by a lower court.
The court responded to Mr Kejriwal’s arguments – that the High Court erred in staying bail without fully reading the order, and rationale, of the lower court – by saying it would wait till the said order came on record, and the High Court had a chance to re-examine the stay – before ruling on his plea.
The court fixed Wednesday as the next hearing date; the High Court is expected to deliver its full verdict on Tuesday. “It is not proper to interfere when the High Court has reserved its judgement,” the Supreme Court said, “We will keep this petition for hearing for day after tomorrow.”
This was after Additional Solicitor General Tushar Mehta, appearing for the Enforcement Directorate – which arrested Mr Kejriwal in the liquor policy case March and has opposed bail and medical relief claimed by the Chief Minister – said the High Court is likely to render its verdict within 24 hours.
Earlier the High Court paused Mr Kejriwal’s bail after a last-gasp challenge from the Enforcement Directorate – filed hours before he was to leave jail – that said the release order was “perverse”.
The High Court immediately put Mr Kejriwal’s release on hold pending further arguments.
On Sunday Mr Kejriwal challenged the stay in the Supreme Court.
“Not Flight Risk”: Kejriwal Asks For Bail
This morning, as the day’s (brief) hearing began, Mr Kejriwal’s lawyers argued that the “balance of convenience” is in the Chief Minister’s favour, reasoning there is no substantial reason for the AAP leader to stay in jail. “If bail is reversed, he will certainly go back to jail… as he did after the Supreme Court’s interim release (to campaign for the election),” senior advocate Abhishek Singhvi said.
He was referring to Mr Kejriwal’s release last month – allowed by the top court – to campaign for his party and the Congress-led INDIA bloc in the 2024 Lok Sabha election, in which Prime Minister Narendra Modi’s BJP was pegged back and forced to rely on its allies to form the government.
Mr Singhvi also referred to the top court’s order granting Mr Kejriwal that interim bail, in which it acknowledged the AAP leader is not a “habitual offender” and has no criminal antecedents.
“Why can’t I be free in the interim? I have a judgment in my favour…” he continued, responding to the court suggesting the Chief Minister be patient for 24-48 hours till the High Court reads its order.
“If we pass order now, we will prejudge the issue. This is not a subordinate court…” he was told.
Mr Kejriwal’s side argued strenuously the stay order should not be allowed to stand because the lower court’s order had not been released when the High Court listed the ED’s challenge.
“There was only an oral direction to not give effect to the bail order…” his camp pointed out.
“This (Mr Kejriwal’s regular bail order) is a discretionary order passed by a trial court for a person who was (already) released by this honourable court,” senior advocate Vikram Chaudhary said.
“Perverse Order Can Be Stayed”
The ED, however, stressed that a “perverse”, or incorrect, order can and should be stayed.
It also told the court that, in its opinion, the twin conditions for grant of bail under Section 45 of the Prevention of Money Laundering Act, under which Mr Kejriwal has been charged, had not been met.
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