Hearing highlights | No immediate relief for Arvind Kejriwal, Supreme Court to hear plea against HC’s stay on bail on June 26

The top Court said it would like to wait for the pronouncement of the Delhi HC’s order halting the grant of bail to the AAP supremo

Updated - June 25, 2024 12:09 pm IST

Published - June 24, 2024 11:38 am IST

A file picture of Delhi Chief Minister Arvind Kejriwal as he was granted bail by the Rouse Avenue Court in an alleged money laundering case related to the Delhi excise policy case, in New Delhi on June 21.

A file picture of Delhi Chief Minister Arvind Kejriwal as he was granted bail by the Rouse Avenue Court in an alleged money laundering case related to the Delhi excise policy case, in New Delhi on June 21. | Photo Credit: ANI

The Supreme Court on Monday deferred hearing Delhi Chief Minister Arvind Kejriwal’s plea challenging the Delhi High Court’s suspension of bail granted to him by a trial court in the Delhi excise policy case. Mr. Kejriwal’s plea will now be heard on June 26. 

A vacation Bench of Justices Manoj Misra and SVN Bhatti decided to await the pronouncement of the High Court’s stay order in the meantime. “How do we know what is going on in the High Court’s mind?”, Justice Misra asked. 

Also read | Delhi HC to deliver verdict on ED’s plea against Arvind Kejriwal’s bail on June 25

However, the Bench conceeded that it was quite “unusual” for a High Court to reserve orders in a case affecting personal liberty. “Orders are not reserved like this. It is a bit unusual, we will have it the day after tomorrow,” Justice Misra remarked. 

Also Read: Should we pre-judge? Supreme Court wonders as Kejriwal asks ‘why am I not free’

Appearing for the Delhi CM, senior advocate A.M. Singhvi argued that it was “unprecedented” for any Court to stay a bail order on the first day of the hearing itself. “We should not have suffered a stay at all. This is a question of personal liberty”, Mr. Singhvi asserted. 

The Aam Aadmi Party (AAP) national convener, who was arrested by the Enforcement Directorate (ED) on March 21, could have walked out of Tihar jail on June 21 had the High Court not granted the interim stay relief to the federal anti-money laundering agency. 

In its bail order, the trial Court had held that prima facie, Mr. Kejriwal’s guilt was yet to be established and that the ED had failed to furnish direct evidence linking him to the proceeds of crime in the money laundering case. Special Judge Niyay Bindu further claimed that the central agency was acting with bias against the AAP supremo. 

Also Read: Trial court order had come down on ED ‘bias’ in Kejriwal case

The Delhi Chief Minister was arrested by the ED on March 21. The agency had alleged that Mr. Kejriwal was the ‘kingpin’ in the Delhi Excise policy scam. After remaining in jail for weeks, he was released on May 10 by the Supreme Court to campaign for the Lok Sabha polls. He returned to jail on June 2 after the apex Court denied him further relief. 

This live-blog has been closed
  • June 24, 2024 12:43
    The hearing has concluded
  • June 24, 2024 12:43
    SC adjourns Arvind Kejriwal’s petition, lists the matter for hearing on June 26

    “Orders on stay application was reserved and till then the lower court order granting bail was stayed. Parties were given the opportunity to file short submissions by June 24. ASG submits that the order on the stay application would be passed shortly and it would be appropriate if this Court adjourns the matter so that there is an opportunity to see the order”, the Bench dictates the order. 

  • June 24, 2024 12:39
    Justice Misra says that it is “unusual” for orders to be reserved in stay applications

    “Normally, in stay applications, orders are not reserved. They are passed on the spot. It is a bit unusual. Anyway, we will have it the day after tomorrow”, Justice Misra says. 

    The vacation Bench posts the case for the day after tomorrow. It further says that the Delhi High Court’s stay order, if passed, in the interregnum, should be placed on record. 

  • June 24, 2024 12:35
    Why does the Supreme Court have to be so deferential to the High Court?: Singhvi asks

    Mr. Singhvi asks the Bench why the Supreme Court has to be so deferential to the High Court. 

    “The High Court has passed an interim stay on the oral mentioning of S.V. Raju without waiting for the order to be uploaded. We should not have suffered a stay at all. This is a question of personal liberty”, he adds. 

    ASG S.V. Raju submits the High Court may pass the stay order tomorrow. 

  • June 24, 2024 12:33
    Justice Misra suggests posting the case next week to wait for the Delhi HC’s order

    Justice Misra suggests posting the case next week to wait for the Delhi HC’s order imposing an interim stay on the bail order. 

    “How do we know what is going on in the High Court’s mind?”, he adds. 

  • June 24, 2024 12:32
    ED had filed the appeal in the Delhi High Court even before the order of the trial court was uploaded: Kejriwal’s lawyer

    Mr. Chaudhuri points out that the ED had filed the appeal in the Delhi High Court even before the order of the trial court was uploaded. 

    “There are five paragraphs devoted to bail grounds in the order”, he adds. 

  • June 24, 2024 12:30
    The trial court judge had continuously asked ED to cut short its arguments: SG Tushar Mehta

    Solicitor General (SG) Tushar Mehta says that the trial judge saw this as a high-profile case. 

    “Everybody is an “aam aadmi” before the Court”, Mr. Mehta adds. He points out that the trial judge had continuously asked ED to cut short its arguments and that she had not gone through the papers. 

  • June 24, 2024 12:28
    ED is asking for the reversal of bail on the perversity of the bail order, not on grounds of bail: Singhvi

    The trial court judge took what was relevant for bail and used its discretion to grant bail, Mr. Chaudhari notes.

    Mr. Singhvi further argues that the Delhi HC had prejudged the issue by staying the bail. He points out that the ED had not argued that Mr. Kejriwal was a flight risk. 

    “[ED] is asking for the reversal of bail on the perversity of the bail order, not on grounds of bail”, Mr. Singhvi adds. 

  • June 24, 2024 12:26
    Delhi CM has no criminal antecedents, legality of arrest is still under challenge: Kejriwal’s lawyer

    Senior advocate Vikram Chaudhari representing the Delhi CM argues that Mr. Kejriwal does not have any criminal antecedents. 

    “Case remained pending since August 2022. Legality of arrest is still under challenge. He is CM of Delhi”, he adds. 

  • June 24, 2024 12:23
    SC says that passing any order now will prejudice the issue

    “If we pass an order, it would be like prejudging the issue”, Justice Misra says. 

    NEW DELHI, 10/04/2024: A view of Supreme Court of India, in New Delhi on Wednesday Photo: Sushil Kumar Verma / The Hindu

  • June 24, 2024 12:20
    How can the ED compensate me for the loss of liberty after the grant of bail?: Singhvi

    “Balance of convenience is on my side. How will ASG SV Raju compensate me for loss of time in liberty after the grant of bail?”, Singhvi submits. 

    Justice Manoj Misra says – “Order is likely to come in a day or two. The High Court had asked for written submissions by June 24.”

    Responding to this, Singhvi says – “Yes, but why cannot I be free? The trial court judgment of June 20 is in my favour.” 

  • June 24, 2024 12:17
    Delhi CM is not a ‘flight risk’: Kejriwal’s lawyer

    Senior advocate AM Singhvi further argues that the Delhi CM had previously surrendered as per the Supreme Court’s order and that he is not a flight risk. A Bench of Justices Sanjiv Khanna and Dipankar Datta had earlier granted him bail to campaign in the Lok Sabha polls. 

    The senior counsel further highlights that the Delhi CM is not a flight risk. 

    SC grants interim bail to Kejriwal till June 1; bars him from visiting CMO or signing any official files

    The Bench refused the request of senior advocate Abhishek Singhvi, appearing for Mr. Kejriwal, that the interim bail be granted till June 5 - a day after the votes are counted on June 4.

  • June 24, 2024 12:14
    Unprecedented to pause bail order on the first day of hearing: Kejriwal’s lawyer

    Senior advocate AM Singhvi apprises the Bench that bail granted is diverse from bail cancelled and that two different norms are involved while granting these reliefs. 

    “Unprecedented to pause bail order on the first day of hearing”, he says. 

  • June 24, 2024 12:12
    Supreme Court commences hearing Arvind Kejriwal’s plea

    Senior advocate AM Singhvi is appearing for the Delhi CM. ASG SV Raju is representing the ED. 

  • June 24, 2024 12:03
    Trial court order had come down on ED ‘bias’ in Kejriwal case

    The Central agency failed to provide evidence to link Kejriwal to the proceeds of the crime and stayed quiet on many aspects of the case, the court noted. It also came down heavily on the ED’s arguments that investigation was an art, “....because if it is so, then, any person can be implicated and kept behind the bars by artistically procuring the material against him after artistically avoiding/withdrawing exculpatory material from the record. This very scenario constrains the court to draw an inference against the investigating agency that it is not acting without bias,” the court said. 

    Read more here

    Trial court order had come down on ED ‘bias’ in Kejriwal case

    Delhi court criticizes biased actions of ED against Arvind Kejriwal in excise policy case, bail granted then put on hold.

  • June 24, 2024 11:46
    Vacation Bench of the Supreme Court to hear the Delhi CM’s plea shortly

    A vacation bench comprising Justices Manoj Misra and SVN Bhatti will hear the Delhi CM’s plea today. The matter is listed as item number 44. 

    23TH-kdr-Petiti+G6RCVEN88.3.jpg.jpg

  • June 24, 2024 11:43
    Arvind Kejriwal to remain in jail as Delhi High Court stays bail order of court

    After a day-long hearing on the Enforcement Directorate’s plea challenging the bail granted to Chief Minister Arvind Kejriwal in the excise policy case, the Delhi High Court on June 21 put on hold the trial court’s order.

    “Till the pronouncement of this order, the operation of the impugned order (of the trial court) shall remain stayed,” a Vacation Bench of Justice Sudhir Kumar Jain said, adding that he was reserving the order for two-three days as he wanted to go through the entire records.

    Read more here.

  • June 24, 2024 11:42
    Arvind Kejriwal granted bail in Delhi Excise policy case

    A Delhi court on June 20 granted bail to Delhi Chief Minister Arvind Kejriwal, who was arrested by the Enforcement Directorate (ED) in a money laundering case linked to the now-scrapped Delhi Excise policy of 2021-22. Vacation judge, Rouse Avenue Court, Niyay Bindu passed the order after hearing Mr. Kejriwal and the ED at length. The bail order was dictated by the judge in an open court on June 20 evening. 

    Read more here

    Arvind Kejriwal granted bail in Delhi Excise policy case

    Arvind Kejriwal bail news: Delhi court grants bail to Arvind Kejriwal in money laundering case; judicial custody extended till July 3.

  • June 24, 2024 11:40
    Delhi excise case: Arvind Kejriwal moves SC against HC’s interim stay on bail order in ED case

    Delhi Chief Minister Arvind Kejriwal urgently approached the Supreme Court on June 23 against the Delhi High Court’s suspension of bail granted to him by a trial court in the excise policy case. Mr. Kejriwal’s lawyers said the petition would be mentioned orally for early hearing on June 24 before a Vacation Bench of the Supreme Court. They have argued that the interim order was a violation of the fundamental right to personal liberty.

    Read more here.

    Delhi excise case: Arvind Kejriwal moves SC against HC’s interim stay on bail order in ED case

    Delhi CM Arvind Kejriwal challenges High Court's stay on bail in money-laundering case linked to excise scam.

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