Supreme Court Delays Hearing on Arvind Kejriwal’s Bail Challenge, Citing Unusual Stay

New Delhi, 24th June 2024: New Delhi: The Supreme Court has postponed the hearing of Delhi Chief Minister Arvind Kejriwal’s petition challenging the Delhi High Court’s temporary stay on his bail related to the Delhi excise policy case investigated by the Enforcement Directorate (ED) until June 26. The vacation bench, comprising Justices Manoj Misra and SVN Bhatti, observed that the High Court’s decision to grant an interim stay on Kejriwal’s bail without issuing a final order was unusual.

The bench commented, “In matters of stay, judgments are typically not reserved but pronounced immediately. What has occurred here is unusual. We will hear the case the day after tomorrow.”

During the proceedings, Additional Solicitor General SV Raju informed the bench that the High Court would soon deliver its verdict on the stay application and requested an adjournment of the case. The Supreme Court noted that it would be prudent to await the High Court’s final decision, expected in the next couple of days.

Senior advocate Abhishek Manu Singhvi, representing Arvind Kejriwal, questioned the High Court’s decision to grant a stay on bail on the first day of the hearing, arguing that such a procedure was unprecedented and lacked precedent. Singhvi argued that if the High Court ultimately rejected the Enforcement Directorate’s appeal, Kejriwal would have already lost significant time due to the initial stay.

“How does one compensate for the time lost?” Singhvi queried.

Singhvi highlighted that the High Court’s order to stay the bail was issued at 10:30 am on June 21 without providing reasons and that arguments were heard only after the bail order had been stayed. He pointed out that several Supreme Court rulings stipulate that once bail is granted, it cannot be stayed without specific reasons.

As Singhvi urged the bench to issue a directive on the plea, the Supreme Court responded, “If we pass an order now, it would amount to pre-judging the matter. It is not a subordinate court; it is a High Court.”

On June 20, the Rouse Avenue Court in Delhi granted regular bail to the AAP chief despite opposition from the Enforcement Directorate. However, on June 21, the ED challenged the trial court’s decision at the Delhi High Court, arguing that the bail had been granted without affording adequate “opportunity” for the probe agency to present its case.

In response to the ED’s petition, the Delhi High Court upheld the trial court’s bail order, stating, “The operation of the impugned order shall remain stayed until further orders.”

Earlier, on May 10, the Supreme Court had granted interim bail to the Delhi CM to facilitate his participation in electioneering during the Lok Sabha polls and directed him to surrender by June 2. He was also instructed not to visit the Office of the Chief Minister or the Delhi Secretariat.

Kejriwal had been arrested by the ED on March 21 in connection with a money laundering case related to alleged irregularities in the Delhi excise policy for 2021-22, which was subsequently cancelled.