38.6c New Delhi, India, Monday, July 15, 2024
Judiciary

No relief to Kejriwal from SC on his plea challenging HC order on stay of his bail, here’s what the court said

By Jhanak Singh      24 June, 2024 02:13 PM      0 Comments
No relief to Kejriwal from SC on his plea challenging HC order on stay of his bail heres what the court said

NEW DELHI: In a setback to Delhi Chief Minister Arvind Kejriwal, the Supreme Court on Monday declined to consider his plea, challenging the Delhi High Court's June 21 stay order on his bail in the liquor policy scam case.

A bench of Justices Manoj Misra and S V N Bhatti refused to pass any immediate order on Kejriwal's plea, and scheduled it for consideration on Wednesday, June 26 in order to let the Delhi High Court pass the formal order.

"What we propose to do is, let the Delhi HC order come on record and we can keep the case next week. Without the order how do we proceed," the bench initially asked Kejriwal's counsel.

The Delhi High Court had on June 21 reserved the order, on the ED's plea for stay on the bail granted to Kejriwal by a trial court. The HC had then said it would pronounce the order in two-three days.

Read Also: Supreme Court to Hear Arvind Kejriwal’s Plea on Delhi Excise Policy Bail Stay on June 26

Senior advocate A M Singhvi, appearing for Kejriwal, questioned the Delhi High Court order granting stay on bail on the first day of hearing.

"Why can’t the petitioner be free till the High Court gives its order. He is not a flight risk," the counsel said.

"If the HC can pass an order at 10:30 am without seeing the (trial court) order, then why cannot the SC also stay the HC order without the judgment," he submitted.

On this, the bench said if the HC did a mistake, why should we repeat it?

The counsel also submitted that the HC order was passed without any reasons.

"We had given a compilation of 10 judgments of SC that the bail once granted cannot be stayed without special reasons," he said.

Singhvi also said that the bail granted and bail reversal was completely different.

Read Also: Kejriwal moves SC against Delhi HC order blocking his release in Liquor Policy case; plea seeking urgent hearing likely to be mentioned today

"The procedure of staying bail on first day is unprecedented. Balance of convenience is in my favour," Singhvi said.

Senior advocate Vikram Chaudhari, also for Kejriwal, submitted that in five hours of hearing in the trial court, more than three hours were taken by the ED.

"So how come they (ED) are not given an opportunity to argue in the case, as claimed by them. It is wrong to say so," he said.

Additional Solicitor General S V Raju, appearing for the ED, contended that it was a fit case for stay of bail. The trial court order was perverse.

During the hearing, the bench asked, "Has the district court recorded prima facie satisfaction under Section 45 of the PMLA?"

Responding to this, Solicitor General Tushar Mehta, also for the ED said, "The court has said, the bail order has to be passed, who has time to go through papers! The order was violative of Section 45."

"The court was a vacation judge for two days. To form the satisfaction, the court has to go through the record of the case. However, the court starts by saying it is a high profile case and records in the order "who has the time to go through the record of the case?," he said.

After hearing the counsel, the bench said, "Let the HC order come on record. Let us have it a day after tomorrow. We are not expressing anything on merit."

The bench also orally observed, "It is a bit unusual (to have reserved order on stay) because normally the stay order is passed on the date of hearing."

A vacation bench of Justice Sudhir Kumar Jain had on Friday, June 21 stayed the trial court's order of granting Kejriwal the bail and reserved the judgement on the ED's appeal.

The HC had said that it would pass the order on ED's stay appeal in 2-3 days.

On June 20, in a relief to Kejriwal, Rouse Avenue Court's Vacation Judge Niyay Bindu passed the order granting him bail.

However, on June 21, the ED moved the High Court as the district court had rejected a request for stay on bail for 48 hours to file an appeal.

Kejriwal was earlier granted interim bail by the Supreme Court on May 10 for campaign during the Lok Sabha polls. He had surrendered on June 2 as per the apex court's order. The apex court however had then said he can approach the trial court for bail.

He was arrested by the Enforcement Directorate following a raid at his residence on March 21.



Share this article:

About:

Jhanak is a lawyer by profession and legal journalist by passion. She graduated at the top of her cl...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Ahmedabad Court Dismisses Kejriwal and Sanjay Singh's Plea in Defamation Case Linked to PM Modi's Degrees Ahmedabad Court Dismisses Kejriwal and Sanjay Singh's Plea in Defamation Case Linked to PM Modi's Degrees

Ahmedabad court rejects Kejriwal and Sanjay Singh's plea against defamation case summons by Gujarat University. Get the latest update on the criminal defamation case involving PM Modi's academic degrees.

Kejriwal Govt's temporary appointments costing Rs. 30 cr per year axed by LG, decision upheld by Delhi High Court [Read Judgment] Kejriwal Govt's temporary appointments costing Rs. 30 cr per year axed by LG, decision upheld by Delhi High Court [Read Judgment]

Aam Aadmi Party-led Delhi Government's temporary appointments of researchers in various departments including under the Chief Minister Urban Leader Fellowship Programme have been discontinued by the Lieutenant Governor. The appointments had made no reservations for SC/STs and cost approximately Rs. 30 crore to the exchequer

PM's Degree: HC issues notice to Gujarat University on plea by Kejriwal, Sanjay Singh PM's Degree: HC issues notice to Gujarat University on plea by Kejriwal, Sanjay Singh

Get the latest updates on the defamation case involving Arvind Kejriwal and Sanjay Singh from AAP against Gujarat University regarding Prime Minister Narendra Modi's degrees. Stay informed about the legal proceedings and controversies surrounding this case.

High Court allows Raghav Chadha to remain in type VII bungalow for now [Read Judgement] High Court allows Raghav Chadha to remain in type VII bungalow for now [Read Judgement]

Delhi High Court grants relief to AAP MP Raghav Chadha, allowing him to remain in a type VII government bungalow. Get the latest update on the legal proceedings and court's decision.

TRENDING NEWS


TOP STORIES

journalist-soumya-vishwanathan-murder-case-sc-issues-notice-to-4-convicts-on-appeal-by-delhi-police
Trending Crime, Police And Law
Journalist Soumya Vishwanathan murder case: SC issues notice to 4 convicts on appeal by Delhi police

SC issues notice to 4 convicts in Soumya Vishwanathan murder case on Delhi police's appeal against their bail. Convicts had served over 14 years.

09 July, 2024 09:49 AM
why-indian-high-courts-still-have-old-names-despite-change-in-city-name
Trending Judiciary
Why Indian High Courts still have old names despite change in city name ? [Watch Video]

Know the reasons why Indian High Courts, like Bombay HC, Madras HC, and Calcutta HC, Allahabad HC still retain their old names despite the cities’ name changes. LawStreet Journal delves into the historical and legal context. Watch report !

09 July, 2024 09:56 AM
what-is-keir-starmer-stance-on-kashmir-issue
Trending International
What is Keir Starmer’s stance on Kashmir issue ? [Watch Video]

Under Keir Starmer, the UK's Labour Party shifts its stance on Article 370, focusing on strategic ties with India, moving from past criticisms to cooperation.

09 July, 2024 10:04 AM
ed-moves-sc-against-jharkhand-hc-order-of-bail-to-cm-hemant-soren
Trending Judiciary
ED moves SC against Jharkhand HC order of bail to CM Hemant Soren

ED moves SC against Jharkhand HC's bail order for CM Hemant Soren in a money laundering case linked to an alleged land scam.

09 July, 2024 12:14 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email