The petition filed by Delhi Chief Minister Arvind Kejriwal in the Supreme Court, challenging the stay imposed on his bail in a corruption case, was heard. The Supreme Court has not granted any interim relief to Kejriwal at this time. The petition challenged the decision of the Delhi High Court to stay his release. During the hearing before justices Manoj Mishra and SV Bhatti, the petitioner contended that the high court is not considering his application because a similar case is pending before the apex court. The Supreme Court stated that Kejriwal should withdraw his application from the high court first, then approach the Supreme Court.
The Supreme Court has now scheduled a hearing for Wednesday, which means that it awaits a decision from the high court. The current situation will be maintained until then. It is expected that the High Court will issue its order before the hearing on Wednesday.
'We should wait for the High Court's decision...'
The Supreme Court refused to lift the interim stay on Kejriwal's bail, saying it would be appropriate to wait for the Delhi High Court's decision. The apex court remarked that when the high court has kept its decision reserved, it wouldn't be appropriate for the Supreme Court to intervene. The hearing is set for Wednesday.
Kejriwal's lawyer Singhvi argued that if the high court can impose a stay without uploading the order copy, the Supreme Court can also impose a stay before the high court's order arrives.
During the hearing, Justice Manoj Mishra's comment that usually stays aren't decided with reserved judgments, but are given immediately, highlights the unusual nature of this case.
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What transpired during the court proceedings?
In the hearing, Kejriwal's lawyer Abhishek Manu Singhvi stated that the high court's stay violates the judicial process. Justice Manoj Mishra added that the high court is likely to pronounce its judgment soon.
Singhvi said that if bail is denied, Kejriwal will definitely return to jail, as happened following the interim bail by the apex court. There is no risk of him fleeing. Imagine if the High Court dismisses the ED's plea, how would the time Kejriwal has spent in jail without reason, after being granted bail by the lower court, be compensated, Singhvi argued.
Putting Kejriwal's side forward, Singhvi asked, "Why can't I be released on an interim basis? The lower court has already ruled in my favor."
Justice Mishra said that if we pass any order now, we would be delivering a judgment on the case ahead of the high court.
Kejriwal's lawyer Vikram Chaudhary stated that the Supreme Court had given an interim order on May 10th, granting Kejriwal interim bail. At that time, the apex court had noted that Kejriwal is the CM of Delhi, he has no criminal record, there is no risk of flight, and the investigation has been pending since August, and he was arrested in March 2024.
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Kejriwal appeared via video conference, and Singhvi indicated that the high court had pronounced the stay on bail release orders around 10:30 AM without stating any reason. We presented 10 past Supreme Court decisions to the high court, proving that a bail cannot be stayed without specific reasons after being granted.
What does the petition say?
CM Kejriwal's petition alleges that the high court's method of staying the bail order is contrary to the clear directives of the legal provisions determined by the court and violates the fundamental overspill limits on which our country's bail laws are based. Merely because the petitioner is a political figure and an opponent of the central government in power, this fact alone cannot be the basis for framing a false case against him. Nor can it be a reason to deprive the petitioner of due legal process.
'High Court's order has injured justice'
The petition also records that the court’s order has not only inflicted an injury on justice but has also hurt the petitioner. This order should not be maintained even for a moment. Courts have repeatedly recognized that deprivation of freedom, even for a day, is an injustice.
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What is the Delhi Liquor Scandal?
The Kejriwal government implemented the Excise Policy 2021-22 on November 17, 2021. Under this new policy, the government receded from the liquor business, and all stores went into private hands. The government claimed the new liquor policy would end mafia rule and increase government revenue.
However, the policy was controversial from the beginning, and when dissent grew, the government revoked it on July 28, 2022. The alleged liquor scandal was exposed through a report by Delhi's then Chief Secretary Naresh Kumar on July 8, 2022. His report implicated AAP’s senior leaders, including Manish Sisodia, in grave charges. Delhi's LG VK Saxena had recommended a CBI investigation.
Following this, the CBI registered a case on August 17, 2022, including accusations of money laundering, thus the ED also registered a case. The Chief Secretary accused Manish Sisodia, who also held the excise department, of creating the liquor policy in a flawed manner. It was alleged that the new policy provided undue benefits to license-holding liquor businessmen.