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 – the High Court erred in staying bail without first perusing 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 acting on the matter.
The court has 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, 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 Delhi Chief Minister is not a “habitual offender” or a “flight risk”.
“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.
