The Supreme Court of India, presided over by Justices Manoj Misra and SV Bhatti, convened on Monday, June 24, 2024, to deliberate upon the bail plea of Arvind Kejriwal, the Chief Minister of Delhi, in connection with a money laundering case stemming from the now-defunct Delhi liquor policy.
Kejriwal's plea challenged the Delhi High Court's decision to stay the bail granted to him by a lower court. The High Court, while issuing the stay, announced that it would pronounce its final order on June 25.
Representing Kejriwal were senior advocates Abhishek Manu Singhvi and Vikram Chaudhary, while Additional Solicitor General (ASG) Raju appeared on behalf of the Enforcement Directorate (ED).
Singhvi presented his arguments, contending that the Delhi High Court had erred in pausing the bail granted by the lower court without first examining the bail order. He questioned, If the High Court can stay it without seeing the order, why can't your lordships stay the High Court order?
Justice Misra responded with a thought-provoking question, If the High Court has committed a mistake, should we repeat it?
Singhvi further emphasized that the stay on the bail order was unprecedented and asserted that Kejriwal posed no flight risk. The bench indicated that a final order was imminent and advised all parties to exercise patience.
However, Singhvi expressed concerns about the loss of time that Kejriwal would incur if he were to wait for the bail order. Why can't I be free in the interim? I have a judgment in my favor, Singhvi argued.
Justice Misra explained, If we pass an order now, we will be prejudging the issue. It is not a subordinate court; it is a High Court.
The bench questioned the urgency of the matter, asking why waiting for a day would pose a significant challenge.
Senior advocate Vikram Chaudhary invoked the Supreme Court's May 10 order granting Kejriwal interim bail, highlighting the court's observations that Kejriwal, as the Chief Minister of Delhi, had no criminal antecedents, posed no threat to the investigation, and had only been arrested in March 2024, despite the investigation being ongoing since August 2022.
Chaudhary also drew attention to the Supreme Court's May 17 order, where the court reserved judgment on Kejriwal's challenge to his arrest, permitting him to apply for bail.
ASG Raju, representing the ED, countered by asserting that the trial court's bail order was flawed.
After considering the arguments presented by both sides, the Supreme Court expressed its reluctance to exert pressure on the High Court over a matter deemed not high-profile. However, the court noted, Normally, in stay applications, orders are not reserved. They are passed on the spot. What has happened here is a bit unusual.
The hearing was adjourned, with the bench stating that if the High Court's order is passed in the interim, it can be brought on record. Kejriwal's plea is scheduled to be taken up again on Wednesday, June 26.
