New Delhi:

In a shock Sunday development, Arvind Kejriwal announced that he will resign as Delhi Chief Minister within the next two days. The announcement came two days after the Supreme Court granted him bail in the corruption case linked to Delhi’s now-scrapped liquor policy. The Delhi Chief Minister made this announcement while addressing the first big gathering following his exit from jail after six months.

What Arvind Kejriwal Said

The Aam Aadmi Party (AAP) national convener said he got justice in the court of law but now wants justice in the court of the people. “Two days later, I will resign as Chief Minister. I will not sit on that chair till the people announce their verdict. Elections in Delhi are months away. I got justice from the legal court, now I will get justice from the people’s court. I will sit on the Chief Minister’s chair only after the order of the people,” he said. “I want to ask the people of Delhi, is Kejriwal innocent or guilty? If I have worked, vote for me,” he said.

Targeting the Narendra Modi government, Mr Kejriwal appealed to non-BJP Chief Ministers not to resign from jail if cases are slapped on them. “They slap false cases against non-BJP chief ministers. If they are arrested, I urge them not to resign but run the government from jail,” the Delhi Chief Minister said.

He said he didn’t resign earlier because he wanted to fight for democracy. “I didn’t resign (after arrest) because I respect democracy and the Constitution is supreme for me,” Mr Kejriwal said.

What Happens Next?

Arvind Kejriwal said today that a meeting of AAP’s 60 MLAs in Delhi will be held within the next two days to choose the next Chief Minister for the national capital. Following this, he would resign as Chief Minister. The AAP leader also called for earlier polls in Delhi. The election in Delhi is scheduled for February; Mr Kejriwal today demanded that the polls be held in November along with the Maharashtra election. 

“The elections are supposed to be held in February. I demand elections be held in November with Maharashtra elections… Till elections are held, someone else from the party will be the Chief Minister. In the next 2-3 days, a meeting of the MLAs will be held, where the next CM will be decided,” he said.

The Chief Minister said he would go among the people and seek their support. “I will go to every house and street and not sit on the CM’s chair till I get a verdict from the people.

This indicates that the AAP has planned a massive outreach campaign to connect to the people in the run-up to the polls in the capital. Besides Mr Kejriwal, his former deputy Manish Sisodia, also on bail in a liquor policy case, is likely to play a key role in this campaign.

Masterstroke or Big Risk?

The shock announcement may reap poll benefits for the AAP as Mr Kejriwal takes a moral stand and asserts that he has no lust for power and wants the people’s verdict before he returns to the top post.

The BJP, however, has tagged the announcement as “drama” and has said they will win the election in Delhi whenever it is held.

BJP’s Harish Khurana told NDTV, “Why after 48 hours? he should resign today. People of Delhi are asking, he can’t go to the secretariat, can’t sign documents? What is the point then?” Asked if the BJP was ready for early polls, Mr Khurana replied, “We are ready, whether it is today or tomorrow. We will return to power in Delhi after 25 years.”

Mr Kejriwal’s surprise move, however, can also backfire. He has indicated that Mr Sisodia has also asserted that he will return to office only after the people give a verdict in his favour. That means the two top AAP leaders are not in the Chief Minister race and the party will have to choose from among its other prominent faces as placeholder till the election. Choosing a Chief Minister for just a few months has often led to a power tussle and big exits later. For example, Bihar’s Nitish Kumar, who vacated the seat for Jitan Ram Manjhi, and Jharkhand’s Hemant Soren, who named Champai Soren for the top post, faced troubles when they tried to return to the Chief Minister’s office.

Also, calling for early polls is a double-edged sword. For the past few months, AAP has been preoccupied with legal troubles, with its top leaders in jail. Amid this, the Opposition has constantly targeted the Delhi government on civic issues such as waterlogging in Delhi. At this point, calling for polls in November leaves the ruling party with little time to prep for the election.

Ranchi:

Jharkhand Chief Minister Hemant Soren on Friday welcomed the Supreme Court’s decision to grant bail to Delhi Chief Minister Arvind Kejriwal in the excise policy ‘scam’, terming it the “triumph of truth” and “defeat of lies”.

The top court earlier in the day granted bail to the AAP chief in a corruption case lodged by the CBI in connection with the ‘scam’.

“Today, truth has triumphed, defeating lies and conspiracy. Jharkhand Johar (greetings) to elder brother Arvind Kejriwal,” Mr Soren said in a post on X.

झूठ और षड्यंत्र को हराकर, आज फिर सच विजयी हो गया….

दिल्ली के माननीय मुख्यमंत्री बड़े भाई श्री @ArvindKejriwal जी को झारखण्डी जोहार!

— Hemant Soren (@HemantSorenJMM) September 13, 2024

Mr Kejriwal was arrested by the ED in a money laundering case linked to the ‘scam’ on March 21. He was granted interim bail by the top court in the case.

However, he was arrested by the CBI on June 26 in a separate excise policy case, while he was still in Tihar Jail under judicial custody.

Mr  Kejriwal’s bail comes as a big boost to the Aam Aadmi Party, which is seeking to make forays in Haryana and Jammu and Kashmir in the coming elections, and also gearing up to retain power in Delhi where polls are due early next year.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

New Delhi:

The BJP’s jibes – “‘kattar beimaan‘ and ‘bail wala‘ Chief Minister” – began hours after the Supreme Court granted Delhi Chief Minister Arvind Kejriwal bail in the alleged liquor policy scam, noting the AAP leader’s “prolonged incarceration (in jail since March) amounts to unjust deprivation of liberty”.

BJP leader Gaurav Bhatia lobbied that particular jab at the Chief Minister, declaring at a press conference, “The Supreme Court has shown a mirror to ‘kattar beimaan (‘outright dishonest’)’ Arvind Kejriwal once again. He has got conditional bail… ‘jail wala‘ is now ‘bail wala‘.”

In addition, the BJP – which has previously demanded Mr Kejriwal resign after being accused of corruption and money-laundering by the CBI and ED – repeated those calls Friday afternoon.

“Most important is that Kejriwal should resign… as per the voice of people of Delhi. But he will not do because he does not have a drop of morality (in him),” Mr Bhatia declared. “He used to say a politician should resign even if there is an allegation… but now he is on bail after being in jail for six months.”

The party’s Delhi unit chief, Virendra Sachdeva, echoed the call. He claimed Mr Kejriwal could not discharge his duties given the bail conditions. “He should step down if he cannot work while in the post,” he said, pointing out also that the court had differed on the second of the AAP leader’s pleas.

READ | “Arrest Legal, But…”: What Court Said While Giving Kejriwal Bail

The Supreme Court has released Arvind Kejriwal but said he cannot visit his office or the Delhi Secretariat while on bail. He also cannot sign off on government files unless his consent is cleared by Lieutenant Governor VK Saxena, who is the centre’s rep in the national capital

Apart from seeking bail Mr Kejriwal had also asked the court to declare the CBI’s arrest illegal.

On this count, though, Justice Surya Kant and Justice Ujjal Bhuyan differed. The former said he found no problem with the federal agency’s move, but the latter questioned its late action.

READ | “Only After Trial Court…” Question For CBI As Kejriwal Gets Bail

Mr Kejriwal was arrested by the ED on March 21 and granted bail by the top court on July 12. But he could not leave prison as the CBI had arrested him on June 26, while he was still in the ED’s custody.

His lawyers had criticised the CBI’s arrest as an “insurance” move, arguing the agency had ample time to take the AAP leader into custody from April 2023, when he was called for questioning.

AAP Rejoices

Mr Kejriwal’s wife, Sunita Kejriwal, who delivered fiery political speeches while her husband was in jail, said the BJP’s “plans” had been defeated. They want to jail opposition leaders and stay in power…”

News of Mr Kejriwal’s release was also greeted with great joy by senior AAP leaders and party workers, with Mr Sisodia leading the train of congratulatory messages

WATCH | How Manish Sisodia Reacted The Moment Kejriwal Got Bail 

“Today, once again, truth has won in the fight against lies and conspiracies,” he said, while his successor as Delhi’s Education Minister, Atishi, said “truth can be troubled, but not defeated”.

READ | “Welcome Back, Kejriwal”: AAP Leaders Celebrate Court’s Bail Order

AAP MP Raghav Chadha welcomed the decision and said the party had missed Mr Kejriwal’s leadership. “Welcome back, Arvind Kejriwal, we missed you!” he said on X.

With input from agencies

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Chandigarh:

Having been granted bail to campaign for the Lok Sabha elections earlier this year, Delhi Chief Minister and Arvind Kejriwal will be released from jail again just ahead of the Assembly elections in Haryana, which is being seen as a big boost for the AAP in a state where it is hoping to do well. 

The party erupted in joy after a Supreme Court granted him bail in the Delhi excise policy case on Friday, noting that his “prolonged incarceration amounts to unjust deprivation of liberty”, and the AAP Haryana handle posted a video of Mr Kejriwal with a fire emoji, writing: “He is back”. 

AAP’s Haryana unit chief Sushil Gupta said Mr Kejriwal would campaign in the state, adding that the people are looking for a change. “We will now fight the polls with double energy. Kejriwal ji will soon start his campaign in Haryana,” he was quoted as saying by news agency PTI.

“People are looking for a ‘badlav’ (change), they want to elect an honest government, which can ensure good education and health facilities, round-the-clock power supply and overall development… People want to bring the AAP to power and we will win the polls,” Mr Gupta added.

Voting will be held in all of Haryana’s 90 Assembly constituencies on October 5 and the AAP released its sixth list of 19 candidates on Thursday, the last day for filing nominations. The party is contesting 89 seats after its talks of an alliance with INDIA partner Congress fell through. The AAP had sought to contest at least 10 seats as part of the alliance but the Congress was willing to give up only five to seven.

The state unit of the Congress had, in fact, reportedly been against a tie-up with the AAP but talks had been held at the insistence of senior leader and Leader of the Opposition in the Lok Sabha Rahul Gandhi, who had said that it would prevent a division of votes and give the opposition its best chance of defeating the BJP.

The BJP has ruled in Haryana since 2014 but the opposition has been buoyed by its performance in the recent Lok Sabha polls, where the state’s 10 seats were split evenly between the BJP and the Congress after a clean sweep by the BJP in 2019. Opposition parties are also hoping that they can capitalise on the discontent among farmers, who have been protesting seeking a legal guarantee for minimum support price (MSP), anger over the Agnipath scheme for recruitment in the armed forces and the anger among athletes following the protest against former BJP MP Brij Bhushan Sharan Singh by wrestlers last year. 

While the AAP had lost the lone Lok Sabha seat – Kurukshetra – it had contested by a margin of 29,000 votes, the party believes it can do well because it is in power in Delhi and Punjab, two states that border Haryana, where, its leaders claim, people are happy with its policies. 

Along these lines, campaigning in the Asandh Assembly constituency on Thursday, AAP Rajya Sabha MP Raghav Chadha had made a “triple-engine” pitch for development.

“On one side of Haryana there’s Punjab which has an AAP government and on the other side there’s Delhi with an AAP government too. If the AAP government is formed in Haryana then a triple engine of development will run in the state,” he had said. 

“We listen on the radio, Mirchi sunne waale always khush (Those who listen to Mirchi are always happy). Similarly, Kejriwal ko chunne wala always khush (Those who choose Kejriwal are always happy),” the MP had added. 
 

One of the Supreme Court’s most-repeated observations made a comeback on Friday when a bench, while granting bail to Delhi Chief Minister Arvind Kejriwal, said that the CBI must dispel the notion of being a “caged parrot”.

The AAP chief had been arrested by the Enforcement Directorate on March 21 in the Delhi excise policy case and then by the Central Bureau of Investigation on June 26, a move that has repeatedly been called an insurance arrest by Mr Kejriwal’s counsel, Abhishek Manu Singhvi, who has said it was done to ensure that he stays behind bars.

While Justice Surya Kant, one-half of the two-judge bench, said there was “no impediment” in Mr Kejriwal’s arrest by the CBI, Justice Ujjal Bhuyan had a different take.

“There is no impediment in arresting a person already in custody. We have noted that CBI in their application recorded reasons as to why they deemed (the arrest) necessary. There is no violation of Section 41A (3) of Code of Criminal Procedure,” said Justice Kant.

Justice Ujjal Bhuyan, however, noted, “CBI did not feel the need to arrest him (Mr Kejriwal) even though he was interrogated in March 2023 and it was only after his ED arrest was stayed that CBI became active and sought custody of Mr Kejriwal, and felt no need of arrest for over 22 months. Such action by the CBI raises serious questions on the timing of the arrest and such an arrest by CBI was only to frustrate the bail granted in the ED case.”

The judge then said that the CBI must show it is an uncaged parrot and that Caesar’s wife should be above suspicion, implying that the agency must avoid even the implication of impropriety.

“CBI must be seen above board and every effort must be made so that arrest is not in a high-handed manner. In a country, perception matters and CBI must dispel the notion of being a caged parrot and must show it is an uncaged parrot. CBI should be like Caesar’s wife, above suspicion,” Justice Bhuyan said.

Origins

The “caged parrot” phrase first came to haunt the CBI in 2013, when it was pulled up by the Supreme Court for alleged interference in its investigation into the allocation of coal licences to private companies, which came to be known as the ‘Coalgate’ scam.

Coming down heavily on the premier investigating agency, a three-judge bench headed by Justice RM Lodha had said it was a “caged parrot speaking in its master’s voice”.

Observing that the heart of the report into the alleged scam had been changed on the suggestion of government officials, the bench had also asked the government to make the CBI impartial and ensure that it functions free of all external pressures, adding that it would step in if this was not done.

Attack, Counter-Attack

Apart from becoming a millstone around the CBI’s neck, the observations also gave the opposition ammunition to attack the then-UPA government led by Prime Minister Manmohan Singh.

Leading the charge, the BJP had said, “The party’s concerns have been vindicated by the Supreme Court which recently observed that ‘the heart of the CBI status report has been changed’ and ‘the CBI is caged parrot’. If the CBI status report was shared with a Joint Secretary (PMO), who had no business to see it, did that happen without the knowledge of the Prime Minister?”

After the BJP came to power in 2014, the Congress and other opposition groups have repeatedly accused the party of misusing agencies like the CBI, Enforcement Directorate and the Income Tax department. The voices have only grown louder with the arrest of leaders like the Congress’ P Chidambaram and DK Shivakumar, Jharkhand Chief Minister Hemant Soren of the Jharkhand Mukti Morcha, Bharat Rashtra Samithi’s K Kavitha and the AAP’s Arvind Kejriwal, Manish Sisodia and Sanjay Singh, among others.

The opposition parties have also alleged that the BJP has been using the threat of investigation by the agencies to get leaders to either not raise their voices against the government or join the ruling party.

Seizing on the Supreme Court’s observations, AAP leader and Delhi Minister Saurabh Bharadwaj said on Friday, “What the Supreme Court has said about central investigating agencies is a big rebuke to the Centre. The court has said that the ‘caged parrot’ observation still holds true and that the central investigating agencies were engaged in a conspiracy to keep Mr Kejriwal in jail.”

Aam Aadmi Party (AAP) leader have welcomed the Supreme Court’s decision to grant bail to party chief and Delhi Chief Minister Arvind Kejriwal in the Delhi liquor policy case.
Former Delhi deputy chief minister and Mr Kejriwal’s close aide Manish Sisodia said the decision marked truth’s victory over “lies and conspiracies.”

“Today once again truth has won in the fight against lies and conspiracies. I once again pay my tribute to the thinking and foresight of Baba Saheb Ambedkar ji, who 75 years ago had strengthened the common man against any future dictator,” he said in a post on X.

Delhi Education Minister Atishi said, “Satyamev Jayate. Truth can be troubled, but not defeated.”

AAP MP Raghav Chadha welcomed the Supreme Court’s decision and said that the party missed his leadership.

In a post on X, he said, “Welcome back, Arvind Kejriwal, we missed you! Truth can be troubled but not defeated! Finally, the Honourable Supreme Court has given its decision to release Delhi’s son, Arvind Kejriwal, from the shackles of jail. Thanks to Honorable Supreme Court!.”

Mr Kejriwal’s wife Sunita Kejriwal, who made several appeals to the people of Delhi seeking support for him while he was jailed, congratulated the AAP.

“Congratulations to AAP family! Kudos for staying strong. Wishing also the soonest release of our other leaders,” she wrote in a post on X.

While granting bail, the Supreme Court observed that prolonged incarceration amounts to unjust deprivation of liberty.

Mr Kejriwal was arrested by the Enforcement Directorate on March 21, 2024, in connection with a money laundering probe relating to alleged irregularities in the now-cancelled Delhi excise policy.

On June 26, AAP Chief Arvind Kejriwal was arrested by CBI while he was in custody of the Enforcement Directorate in the excise case.

The Supreme Court will hear the bail petition of Delhi Chief Minister Arvind Kejriwal, who has been jailed for the last six months in the alleged liquor policy scam. Two months ago, the chief minister was granted bail ahead of the Lok Sabha Elections. 

Today, the top court will hear two petitions by the the AAP chief. Last week, in the final hearing before the court withdrew to decide, Abhishek Singhvi, appearing for Mr Kejriwal, pointed out his client had already satisfied the ‘triple test’ legal principle for bail, since the same court had given him bail in the ED case.

The CBI, on the other hand, has repeatedly pointed to what it believes is a mountain of evidence against Mr Kejriwal, most of which is drawn from testimony of ‘approvers’, i.e., former accused who have been pardoned, or will receive lesser sentences, for testifying against him.

Here are the LIVE updates in Arvind Kejriwal’s bail petition:

New Delhi:

Granting bail to Arvind Kejriwal will not “demoralise” the Delhi High Court, which last month refused the Chief Minister relief over his arrest by the CBI in the alleged liquor policy scam, the Supreme Court said Thursday. A bench of Justice Ujjal Bhuyan and Justice Surya Kant waved away the federal agency’s argument against releasing the AAP leader, saying, “Don’t say that.”

Appearing for the CBI, Additional Solicitor General SV Raju also argued that Mr Kejriwal had incorrectly bypassed the lower court – i.e., Delhi’s Rouse Avenue Court – and approached the High Court for bail.

“He approached High Court without going to Sessions Court… on merits, trial court could have seen it first. High Court can only see in exceptional cases…” he said, declaring releasing Mr Kejriwal now would demotivate the High Court.

The CBI’s logic also drew a sarcastic swipe from AAP MP Raghav Chadha, who posted on X, “If the Sun rises from the East, it will demoralise the West.”

In early August the High Court rejected Mr Kejriwal’s bail plea, directing him to approach the sessions court for relief. The AAP, however, opted to move the country’s top court, citing its observation in the release of ex Deputy Chief Minister Manish Sisodia, that “sending the appellant back to the trial court would be like playing a game of snakes and ladders…”

After Thursday’s hearing the top court reserved its verdict on Mr Kejriwal’s bail plea. The court also reserved its verdict on a separate plea challenging the CBI’s arrest of the Chief Minister.

The AAP chief was arrested by the CBI in June; he was taken into custody at the Rouse Avenue Court shortly after securing bail for his arrest by the Enforcement Directorate in the same case.

READ | “Insurance Arrest By CBI”, Kejriwal Argues For Bail In Supreme Court

Senior advocate Abhishek Singhvi, appearing for Mr Kejriwal, criticised the CBI’s arrest as an “insurance” to keep the AAP leader in jail for as long as possible, particularly with the Delhi Assembly election due early next year. Mr Singhvi pointed out Arvind Kejriwal had received bail in the ED case, which meant he had fully satisfied the ‘triple test’ legal principle for release.

READ | “Travesty Of Justice”: Manish Sisodia Gets Bail, Supreme Court Slams Delay

It was also pointed out that all others accused in the alleged liquor policy scam – Mr Sisodia and AAP Rajya Sabha MP Sanjay Singh, as well as Bharat Rashtra Samithi leader K Kavitha – had bail.

READ | ‘Just Because Woman Is Educated…’: Top Court As K Kavitha Gets Bail

“Prolonged incarceration cannot be there…” Mr Singhvi said, referring to statements by the top court in releasing Mr Sisodia, “Is ‘triple test’ satisfied? Yes… in the Manish Sisodia judgment, the court held that in this particular case of excise policy, trial is impossible to finish.”

Mr Kejriwal has been in jail since late-March. He received temporary reprieve in June, before Delhi voted in the general election, but had to return to Tihar Jail after the results were out.

The ED and CBI contend Arvind Kejriwal played a key role in forming of a new liquor excise policy for Delhi, which allowed him to sell wholesale licences and get kickbacks, around Rs 100 crore of which, the authorities claim, came from a ‘South group’ led by the BRS’ K Kavitha.

This money, the agencies allege, was used to fund the AAP’s election expenses in Goa.

Mr Kejriwal, the AAP, and other accused have denied the charge, counter-accusing rivals Bharatiya Janata Party, to whose government at the centre the agencies answer, of mounting a campaign against opposition politicians and parties, particularly before elections.

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New Delhi:

Arvind Kejriwal will remain in jail after the Delhi High Court, on Tuesday afternoon, upheld its interim stay on a lower court granting the Chief Minister regular bail in the alleged liquor policy case.

The High Court argued that the lower court – Delhi’s Rouse Avenue Court – “didn’t apply its mind” when granting bail and pointed to what it said were lapses in judgement. These included not giving the prosecution enough time to argue the application and failing to properly discuss conditions for release in the Prevention of Money Laundering Act, under which Mr Kejriwal was charged.

“Averments and allegations made in the main petition (in which the prosecution challenged Mr Kejriwal’s bail order) require due consideration…,” the High Court said, declaring the lower court had also failed to “discuss the vicarious liability of Arvind Kejriwal under Section 70 of the PMLA”.

Arvind Kejriwal Bail Hearing Live Updates | AAP Boss To Stay In Jail

“This court has (therefore) decided that the vacation judge (in the Rouse Avenue Court, Niyay Bindu) did not appropriately appreciate material on record and the averments of ED,” the High Court said.

“Accordingly, the application is allowed and operation of the impugned order is stayed.”

ED Had Moved High Court On Bail

The High Court had been approached last week by the Enforcement Directorate – the federal agency that arrested the AAP leader in March in connection with the liquor policy case. The ED filed a last-gasp petition challenging a city court’s regular bail order, which it called “perverse” and “flawed”.

READ | Near Release, Kejriwal’s Bail Paused Till New Court Decision

The High Court heard both sides and then directed an interim stay on Mr Kejriwal’s release pending its full verdict today. On Monday Mr Kejriwal moved the Supreme Court against that interim stay.

The Supreme Court refused immediate relief to the Delhi Chief Minister, noting it would be improper for it to intervene when the High Court had reserved its judgement.

READ | “What Happened Is Unusual”: Top Court On Kejriwal Bail Hearing

It did, however, admit the High Court’s actions were “unusual”; Justice Manoj Misra said, “In stay matters, orders are not reserved but passed on the spot. What has happened here is unusual.”

“Why Can’t I Be Free?” Kejriwal Argued

In the top court – which last month granted Mr Kejriwal interim bail so he could campaign for his party, and the Congress-led INDIA opposition bloc, in the general election – the AAP leader argued that the “balance of convenience” was in his favour. “If bail is reversed, he will go back to jail… as he did after the Supreme Court’s interim release,” senior advocate Abhishek Singhvi had said.

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 had asked.

Last Thursday Mr Kejriwal was given regular bail by the Rouse Avenue Court.

READ | Delhi Chief Minister Arvind Kejriwal Gets Bail In Liquor Policy Case

The court accepted his argument that the case against him rested only on statements from former accused who have since turned government witnesses. “Circumstances have to be so intrinsically linked (as to) lead to the guilt. Statements by tainted persons discredit prosecution’s case. There is no evidence Rs 100 crore came from ‘South Group’. There is no evidence,” he argued.

Why Was Mr Kejriwal Arrested?

The ED arrested Mr Kejriwal over money laundering allegations while framing the Delhi liquor policy for 2021-22, which was later scrapped after the Lieutenant Governor raised red flags.

The ED has alleged that the money Mr Kejriwal and the AAP got from the liquor sellers – around Rs 100 crore – was used to fund the party’s poll campaign in Goa and Punjab.

Both Mr Kejriwal and the AAP have rubbished the charges, calling them political vendetta and pointing out that despite months of searching the ED has still not found the alleged bribe money.

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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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