New Delhi
The Supreme Court deferred hearing on Delhi Chief Minister Arvind Kejriwal's plea to overturn the Delhi High Court's interim stay on bail order on Monday (June 24). The court fixed Wednesday (June 26) 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.
Nonetheless, it acknowledged that the High Court reserving its order in the case of Kejriwal's bail was "unusual." Justice Manoj Misra said, "In stay matters, orders are not reserved but passed on the spot. What has happened here is unusual."
The Delhi High Court stayed executing the lower court's ruling until it issued its verdict after the Enforcement Directorate challenged the trial court's decision to give Kejriwal bail.
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Arvind Kejriwal's senior attorney, Abhishek Manu Singhvi, argued that the Delhi chief minister ought to be allowed to remain free till the high court rules on the Enforcement Directorate's appeal. He argued that the CM is not a flight risk because he has a bail order in his favour.
The Supreme Court noted that it would be prejudging the matter if it issued an order today. "It is not a subordinate court, it is a high court," it stated.
"If we pass order now, we will prejudge the issue. This is not a subordinate court..." the court told Kejriwal's lawyers.
" hreflang="en">Delhi Trial Court gives bail to CM Arvind Kejriwal; HC pauses Kejriwal bail order
If the high court had not given the Enforcement Directorate (ED) an interim stay, the national convener of the Aam Aadmi Party (AAP), who was taken into custody on March 21, would have been free to leave the Tihar prison on Friday.
Kejriwal was granted bail in the liquor policy case on Thursday by the Rouse Avenue court in Delhi, following more than two months of incarceration. ED challenged the lower court's bail order in the High Court on Friday morning.
The trial court's decision to give Arvind Kejriwal bail was described as "lopsided, perverse, and one-sided" by the additional solicitor general SV Raju before the high court.
(With inputs from agencies)