Arvind Kejriwal’s Jail Stay Continues as Supreme Court Defers to High Court for Order

On Monday, the Supreme Court declined to grant immediate relief to Delhi Chief Minister Arvind Kejriwal in his effort to overturn the High Court’s temporary halt on a bail order issued by a lower court last week.

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.”

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.”

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.

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Supreme Court’s Decision on Arvind Kejriwal’s Bail Appeal

The Supreme Court declined immediate relief to Delhi Chief Minister Arvind Kejriwal in his appeal to overturn the High Court’s interim stay on a lower court’s bail order issued last week. The court deferred its decision until the High Court’s full order is on record and scheduled the next hearing for Wednesday, pending the High Court’s verdict expected on Tuesday. Justice Manoj Misra acknowledged the unusual nature of the High Court’s action in reserving its judgment on the stay rather than deciding immediately. Additional Solicitor General Tushar Mehta, representing the Enforcement Directorate opposing Kejriwal’s bail, indicated the High Court’s impending verdict within 24 hours. Kejriwal’s lawyers argued for his release, citing no flight risk and his previous interim bail granted by the Supreme Court for election campaigning.

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Perverse Order Can Be Stayed

The ED, however, stressed that a “perverse”, or incorrect, order can and should be stayed.

The federal agency earlier argued the trial court’s order – giving Mr Kejriwal bail – is “… completely flawed. The court said there was no direct proof. That’s a wrong statement by the court.”

“We showed material but nothing (was) considered. There are two ways bail can be cancelled; one is, if relevant facts are not considered. That is grounds for cancellation of bail. All I am saying is ‘look at the soundness of the order’. Bail could have granted bail but not like this…” the agency said.

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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