Setback To Kejriwal As SC Posts Bail Hearing To June 26, Top Court Flags 'Unusual' HC Order

The counsel for Arvind Kejriwal said in the Supreme Court on Monday that the chief minister has a bail order in his favour and he is not a flight risk.

Delhi Chief Minister and AAP Convenor Arvind Kejriwal Photo: PTI/File

In a setback to Delhi Chief Minister Arvind Kejriwal, the Supreme Court on Monday fixes June 26 for hearing of his plea against High Court order staying his bail in Enforcement Directorate (ED) case linked to alleged excise 'scam'.

During the Supreme Court hearing of Arvind Kejriwal's plea challenging Delhi High Court order staying the bail granted to him by trial court in the Delhi excise policy case, Senior advocate Abhishek Manu Singhvi, representing the CM, questioned the High Court order granting stay on bail on the first day of the hearing.

Singhvi asked why can’t the chief minister be free till the High Court gives its order. The counsel said CM has a bail order in his favour and he is not a flight risk.

ASG SV Raju, representing the ED, told the Supreme Court that the order of the High Court will come in a day or two. Supreme Court said if it passes an order now, it will be pre-judging the issue. "It is not a subordinate court, it is a High Court," said SC.

The Delhi High Court on Friday paused the Kejriwal's release after the trial court granted him bail on June 20.

The Aam Aadmi Party (AAP) national convener, who was arrested by the Enforcement Directorate (ED) on March 21, could have walked out of Tihar jail on Friday had the high court not granted the interim stay relief to the federal anti-money laundering agency.

Kejriwal's counsel on Monday argued that at 10:30 on June 21, the order of the high court was passed without any reason and arguments were heard after it stated the order of bail.

Singhvi, appearing for Kejriwal, said the Supreme Court had held in its judgements that bail once granted cannot be stayed without special reasons.

During hearing on Delhi CM Arvind Kejriwal's plea against HC’s stay order on bail, Supreme Court justice Manoj Misra observed that the stay order is normally pronounced the same day and not reserved.

"It's unusual," justice Misra observed and added that the top court would like to wait for the high court order to get the clear picture on the issue.