The Supreme Court deferred the hearing of Delhi Chief Minister Arvind Kejriwal’s plea to June 26, challenging the Delhi High Court's interim stay on his bail in the Delhi excise policy case, currently under investigation by the Enforcement Directorate (ED).
A vacation bench comprising Justices Manoj Misra and SVN Bhatti noted that the High Court’s decision to grant an interim stay on bail without issuing a final order was "unusual." The bench remarked, "In stay matters, judgments are not reserved but passed on the spot. What has happened here is unusual. We will have it (the case before it) the day after."
The High Court, on June 21, ordered an interim stay on Kejriwal's bail while reserving its final judgment, following a plea from the ED seeking to stay his release. Kejriwal subsequently appealed to the Supreme Court against the High Court's order.
During the Supreme Court hearing, Additional Solicitor General SV Raju mentioned that the High Court would soon pronounce its final order on the stay application and requested the adjournment of the Supreme Court case. The apex court agreed that it would be prudent to await the High Court’s final order, expected within a day or two.
Senior advocate Abhishek Manu Singhvi, representing Kejriwal, challenged the High Court’s procedure, arguing that staying bail on the first day of the hearing was unprecedented. Singhvi highlighted the lack of immediate reasoning in the High Court's decision on June 21 and cited Supreme Court judgments that stipulate bail, once granted, should not be stayed without special reasons. He questioned how Kejriwal could be compensated for lost time if the High Court ultimately dismissed the ED's appeal.
Despite Singhvi's request for an immediate order, the Supreme Court bench emphasized that passing an order now would pre-judge the issue. They clarified, "If it passes an order now, it will be pre-judging the issue. It is not a subordinate court; it is a high court."
Senior advocate Vikram Chaudhary, also representing Kejriwal, argued that Kejriwal has no criminal antecedents and is not a flight risk.
Initially, on June 20, the trial judge had granted bail to Kejriwal in the money laundering case. However, the ED swiftly filed an urgent petition before the High Court challenging this bail order. The High Court, after hearing extensive arguments from both sides, reserved its decision on the ED's application to stay the bail order and halted Kejriwal’s release until the final order was pronounced.
