Let CJI Decide: SC On Urgent Listing Of Arvind Kejriwal's Plea Seeking 7 Day Extension Of Interim Bail
|Senior Advocate Abhishek Manu Singhvi today mentioned Arvind Kejriwal's plea seeking extension of his interim bail by 7 days on medical grounds before the Supreme Court. Kejriwal is seeking a direction for an extension of his interim bail by seven days beyond June 1, stating that he has to undergo a PET-CT scan and other tests.
The Senior Counsel said, "I am asking for listing of my IA. This is the Chief Minister of Delhi's matter, we are asking for a 7 day extension, we want it to be listed, at the moment I am not arguing the matter."
The Vacation Bench headed by Justice J.K. Maheshwari said, "The matter has already been heard on May 17, if I am not incorrect. This is heard and reserved."
"That is the main matter, this is on medical reasons," Singhvi submitted.
Justice Maheshwari stated that the mentioning memo will be referred to the Chief Justice. "Let the Honourable Chief Justice make the decision," he said.
To this, Singhvi submitted that there was urgency because Kejriwal got a 20 day window for campaigning, that ends and after that he has to go for the medical tests. "I want a 7 day extension it is not an abuse, because I want a 7 days extension only," he contended.
Justice Maheshwari said, "It is something acquired from the propriety...We will refer it to the Chief Justice, he will decide."
The Bench also comprising of Justice KV Viswanathan, said, "Why was it not mentioned last week, when Justice Datta was here. Why was it not mentioned? Why did you wait?"
To this Singhvi submitted, "No, no, it is a prescription of tests obtained from three doctors only yesterday."
Justice Vishwanathan said, "One of the learned member of the bench was holding court.."
The Senior Counsel contended that he would have no problem if the matter is heard virtually by the same bench that reserved the verdict in the Appeal. "This is purely medical and has nothing to do with the Appeal," Singhvi submitted.
While not allowing urgent listing of the matter, the Bench stated that it will refer the matter to the Chief Justice. "The said matter has already been heard and reserved. It would be appropriate to place the Application before the Honb'le the Chief Justice for appropriate orders," the Bench remarked.
Pertinently, on May 10, the Bench of Justice Sanjiv Khanna and Justice Dipankar Datta had granted Interim Bail to the Delhi Chief Minister till June 1. On May 7, the Bench had clarified that, if it releases Kejriwal on bail, it does not want him to perform official duties.
Earlier, the Court had observed that it may consider granting interim bail to Kejriwal on account of elections. On April 29, the Bench had asked the Senior Counsel appearing for the Delhi CM, "Why have you not filed any Application For bail?"
Previously, the Enforcement Directorate had filed an extensive affidavit-in-reply to the Special Leave Petition by the Delhi Chief Minister, Arvind Kejriwal, assailing the order passed by the Delhi High Court upholding the arrest and remand in the money laundering case. In its reply, the ED had alleged that Arvind Kejriwal is the kingpin and key conspirator in the Delhi Liquor Policy Excise Scam, responsible for the mass destruction of evidence, and the main facilitator of the new policy for the bribe givers.
The ED had earlier, stated in its affidavit that there are reasons to believe, based on material in possession, that Kejriwal is guilty of the offence of money laundering. The ED had also made a comparative table to demonstrate the changes made that were allegedly arbitrary and irrational, made only to ensure large-scale profits to the bribe givers. It was also stated by the ED that Arvind Kejriwal was asked to provide the password to his mobile phones again and again, but he refused to share the same and even his statements during custody would reveal that despite being confronted with materials, the petitioner chose to give completely evasive answers.
Cause Title: Arvind Kejriwal v. Directorate of Enforcement