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SC told Arvind Kejriwal to stay on bail – wait, made strict comment on High Court

Hearing was held in the Supreme Court on the petition of Delhi Chief Minister Arvind Kejriwal against the ban on bail in the liquor scam case. At present Kejriwal has not got relief from the Supreme Court. In the petition filed by Kejriwal, the Delhi High Court's decision to stay the release was challenged.

By: Rekha Joshi  Pardaphash Group
Updated:
gnews
SC told Arvind Kejriwal to stay on bail – wait, made strict comment on High Court

Hearing was held in the Supreme Court on the petition of Delhi Chief Minister Arvind Kejriwal against the ban on bail in the liquor scam case. At present Kejriwal has not got relief from the Supreme Court. In the petition filed by Kejriwal, the Delhi High Court’s decision to stay the release was challenged.

The Supreme Court has asked the Aam Aadmi Party chief to wait for the High Court’s decision, which can be pronounced by tomorrow. Along with this, the hearing has been postponed till June 26. However, the Supreme Court made a big comment on the Delhi High Court and said that generally such decisions are not kept safe.

Arvind Kejriwal, arrested in the alleged liquor scam, had challenged the High Court’s interim stay on the bail granted by the trial court in the Supreme Court. A vacation bench of Justice Manoj Mishra and Justice SVN Bhatti heard Kejriwal’s petition briefly.

Arvind Kejriwal’s lawyer Abhishek Manu Singhvi raised questions on the trial court decision and termed it unprecedented. Singhvi said that the court first gave stay and then the hearing took place later. The Supreme Court said that the order will come in a day or two. On this Singhvi raised the question whether stay can be given only while listing the bail. ASG SV Raju, appearing for the ED, also said that the decision will come by tomorrow.

Singhvi said that at 10:30 in the morning the High Court imposed a stay without any reason and the arguments were heard later. He said that the Supreme Court has said that once bail is granted, it cannot be reversed so easily. Kejriwal’s lawyer Vikram Choudhary said he has no criminal background and is not a flight risk. The investigation is going on since 2022 and the legality of the arrest has been challenged in this court.

After hearing both the sides, the court said that ‘the order on the stay application was reserved and till then the bail order of the lower court was stayed. The parties have been given a chance to present their views till June 24. The Additional Solicitor General is seeking adjournment saying that the verdict will be pronounced soon. We believe that it would be appropriate to list it for the day after tomorrow and if in the meantime the High Court passes the order then it should be brought on record.

What was said on the High Court?
The Supreme Court made a big comment regarding preserving the decision by imposing an interim stay on Kejriwal’s bail. The court said that in stay cases the decisions are not reserved but are pronounced only then. What has happened here is unique. However, the Supreme Court said that it will not make the same mistake as the High Court did while granting interim stay.

The trial court had granted bail
Rouse Avenue Court had given relief to Kejriwal on June 20 and granted him regular bail. The bench had said that ED does not have any direct evidence against Kejriwal. The court had granted bail to Kejriwal on a personal bond of Rs one lakh. The court had passed the bail order to the Delhi Chief Minister, terming the Central Investigation Agency as biased.

What did ED say in the High Court?
Just before his release on June 21, the ED challenged the trial court’s decision in the Delhi High Court. ED had said that we did not get full time to present our arguments. After hearing both the sides, the High Court reserved its decision, but put an interim stay on the bail granted to Kejriwal. A bench of Justice Sudhir Jain and Justice Ravinder Dudeja asked both the parties to submit written reports by June 24. The bench said it was reserving the order as it wanted to see the record of the entire case.

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