New Delhi, June 24 (UNI): The Supreme Court on Monday refused to offer any immediate relief to Delhi Chief Minister Arvind Kejriwal who has challenged a Delhi High Court order staying his release on bail granted by a lower court in the Liquor Policy case.
A vacation bench comprising Justice Manoj Misra and SVN Bhatti said, “First let the High Court decide, we cannot judge the High Court which has already heard the matter and has reserved its order.”
The Apex Court posted the matter to June 26, asking Kejriwal to be patient for 24-48 hours till the High Court gives its order. The High Court’s verdict is likely to be delivered on Tuesday.
The Apex Court Bench said the High Court’s approach to stay the bail order of Kejriwal was “unusual”. In the normal course, the Bench remarked that stay orders are passed “on the spot” immediately after hearing and not reserved.
The Bench was hearing Kejriwal’s petition against the June 21 order passed by the High Court staying the operation of the trial court’s order which granted him bail in the Liquor Policy case.
Senior Advocate Vikram Chaudhary, one of Kejriwal’s lawyers, argued that the Apex Court had granted interim bail to his client on May 10 despite opposition from the Enforcement Directorate (ED).
Chaudhary urged the Bench to release Kejriwal using their discretionary powers in the same way as the High Court had stayed the bail order without even waiting for the order to be uploaded on the trial court’s website.
Kejriwal’s lawyers objected to the High Court passing an oral order at 10.30 am to halt the bail order as soon as the ED mentioned their petition.
The ED’s petition was filed even before the bail order was uploaded on the lower court’s website and the High Court allowed the urgent listing the same day, Senior Advocate Abhishek Singhvi contended.
Additional Solicitor General SV Raju and Solicitor General Tushar Mehta appeared on behalf of the ED.
Kejriwal was granted regular bail by a Special Court at Rouse Avenue on June 20 noting that there was insufficient evidence against Kejriwal in the case.
Special Judge Niyay Bindu granted bail to the Delhi CM on the condition of furnishing a bail bond of Rs One Lakh.
The next day, on June 21, the ED moved an urgent petition in the High Court challenging the Special Judge’s order granting regular bail to Kejriwal.
The ED pleaded that they were not given adequate opportunity by the trial court to oppose the bail plea.
Additional Solicitor General (ASG) SV Raju appearing on behalf of the ED had made an urgent mention before the High Court to stay the bail order of Kejriwal.
