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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New Delhi:

Delhi Chief Minister Arvind Kejriwal – on interim bail following his arrest in the alleged liquor policy scam – began his battle for regular bail Thursday afternoon in the city’s Rouse Avenue Court.

He has filed two pleas – for normal bail, and to extend the Supreme Court-ordered interim bail by a week, citing a battery of pending medical tests over potential “health complications” from his diabetes.

In the brief hearing that followed the Enforcement Directorate opposed both pleas. The federal agency sought at least two days to respond and took a swipe at the bail plea on health grounds.

The ED pointed out Mr Kejriwal – whom party sources told NDTV has led 67 rallies or roadshows and given 30 interviews since his release on interim bail – seemed to be in fine condition. The agency also seemed irked by the AAP leader filing his pleas a little over 48 hours before the bail period expires.

“He is not in custody… he is, today, in Punjab campaigning. His health does not hinder him from campaigning… and he moves bail on the last date so we get very little time (to argue),” the ED said.

“His conduct doesn’t entitle him for any orders today,” Additional Solicitor-General SV Raju, appearing for the central agency, told the court, which gave the ED time till 2 pm Saturday to respond.

The Rouse Avenue Court is also due to rule (on June 4, on counting day) on a point of cognisance on the ED’s supplementary chargesheet, which is linked to an associated money laundering case.

READ | Ready To Go To Jail 100 Times To Save Country: Arvind Kejriwal

Mr Kejriwal has been singularly active since his release from jail, leading his party’s charge (and contributing to that of the Congress-led INDIA bloc) ahead of polling in Delhi and Punjab. 

READ | “Give All 13 Seats To AAP”: Kejriwal’s Appeal To Punjab Voters

These are the states where the AAP is in power and send a combined 20 MPs to the Lok Sabha, but the curious case of the alliance with the Congress remains a point of interest. The parties are contesting together in Delhi but as rivals in Punjab, where state leaders have taken regular potshots at each other.

Meanwhile, Mr Kejriwal’s regular release plea today is key since it is the first time he has actively applied for bail. His interim release this month was ordered by the Supreme Court as it was hearing his challenge to the ED’s arrest. The court recognised him as an elected leader and not a habitual offender.

READ | Kejriwal Gets Big Supreme Court Relief. Interim Bail Till June 1

Mr Kejriwal’s interim bail expires June 1, or on completion of polling for the final phase of the Lok Sabha election. He is to report to Delhi’s Tihar Jail authorities 24 hours after that, i.e., June 2. On Tuesday he asked the top court to extend his freedom by seven days so he could finish the tests.

However, the court refused an urgent hearing and also seemed put out by the timing.

It was pointed out the plea could have been filed last week, when Justice Datta – part of the bench that granted interim bail – was hearing cases. “Why did you not mention this (then)…?” the court asked.

Mr Kejriwal was, though, given leave to move the lower court at this time, which he did this afternoon.

In earlier arguments Mr Kejriwal had underlined the row between himself and jail authorities over the supply of insulin. His AAP had claimed he was deliberately deprived of the “life-saving” drug.

READ | “Asking For Insulin Daily”: Kejriwal’s Letter To Jail Officials

That row also reached the courts after Arvind Kejriwal criticised Tihar jail and ED officials for being “petty” and “politicising” his well-being. The probe agency responded by claiming the Chief Minister had deliberately consumed foods high in sugar – like mangoes and toffees, in alleged violation of a prescribed diet chart – to place his health at risk and establish grounds for medical bail.

READ | Kejriwal Claims Tihar Officials’ “Negligence” Took Toll On Health

“My health condition is due partly to the insensitive behaviour of the prison authorities. One more week of bail will allow me to take stock of (possible) health complications,” he had argued.

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