The Supreme Court on Monday refused to grant immediate relief to Delhi Chief Minister Arvind Kejriwal in his bid to overturn the High Court’s interim stay on a bail order issued by a lower court last week. The court stated it would wait for the High Court’s complete order and allow the High Court to re-examine the stay before making a ruling on Kejriwal’s plea.
The next hearing is scheduled for Wednesday, with the High Court expected to deliver its full verdict on Tuesday. “It is not proper to interfere when the High Court has reserved its judgment,” the Supreme Court noted, adding, “We will keep this petition for hearing for the day after tomorrow (Wednesday).”
Justice Manoj Misra acknowledged the unusual nature of the High Court’s actions, stating, “In stay matters, orders are not reserved but passed on the spot. What has happened here is unusual.”
Arguments by Arvind Kejriwal and the court’s response
Arvind Kejriwal argued that the High Court erred in staying the bail without fully reviewing the lower court’s order and rationale. His lawyers emphasized the “balance of convenience” in his favor, citing no substantial reason for him to remain in jail. Senior advocate Abhishek Singhvi stated, “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.”
Singhvi referred to the Supreme Court’s previous order granting Kejriwal interim bail, acknowledging that the AAP leader is not a “habitual offender” and has no criminal history. Despite this, the court suggested patience until the High Court’s order is released.
Enforcement Directorate’s opposition
The Enforcement Directorate (ED), represented by Additional Solicitor General Tushar Mehta, opposed Kejriwal’s bail and medical relief claims. The ED had previously challenged the bail hours before Kejriwal’s release, calling the order “perverse.”
The ED argued that the trial court’s bail order was flawed, stating, “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’.”
The ED emphasized that the conditions for granting bail under Section 45 of the Prevention of Money Laundering Act, under which Kejriwal is charged, had not been met.
Background on the arrest of Arvind Kejriwal
Arvind Kejriwal was arrested by the ED over money laundering allegations related to the Delhi liquor policy for 2021-22, which was later scrapped. The ED alleged that around Rs 100 crore received from liquor sellers was used to fund AAP’s campaigns in Goa and Punjab. Both Arvind Kejriwal and AAP have denied these charges, calling them political vendetta.
Last Thursday, Arvind Kejriwal was granted regular bail by Delhi’s Rouse Avenue Court, which found the case against him to be based solely on statements from former accused who had turned approvers.
