No relief for Arvind Kejriwal: 'If we pass an order...,' says SC on Delhi CM's plea against High Court order

The Supreme Court on Monday refused to pass an order on a plea by Delhi chief minister Arvind Kejriwal challenging the Delhi High Court order which stayed the bail granted by lower court to Kejriwal in the liquor policy case. 

A vacation bench comprising Justices Manoj Misra and SVN Bhatti is hearing the matter. "If we pass an order, we will be pre-judging the issue. It is the High Court and not a subordinate court," the top court bench was quoted as saying by Bar and Bench. 

Senior advocate Abhishek Manu Singhvi, appearing on behalf of Kejriwal, said that the bail granted by the lower court is different, which the Delhi High Court has put a stay on while reserving its order. 

On June 20, a trial court granted bail to Kejriwal in the money laundering case after arriving at a prima facie opinion that he is not guilty in the case. Following this, the ED moved an urgent petition in the Delhi High Court challenging the trial court's order. 

After hearing the ED and Arvind Kejriwal, the court reserved its order on the matter. It also mentioned that till the order is pronounced, Kejriwal's bail order shall remain stayed. 

"This is unprecedented that bail order is stayed like this. He is not a flight risk," Singhvi said. He further asked why the Delhi CM cannot be free till the High Court gives its order in the matter. Replying to this, the top court said that the order is dated June 21 and the High Court gave Kejriwal the time to respond till today. 

Senior advocate Singhvi then said that a lot of time has been lost even after his client has been granted bail. ASG SV Raju said in response that the High Court's order will come in a day or two. Singhvi cited the top court's previous judgements and said that bail once granted cannot be stayed without special reasons.

Moreover, the top court posted Kejriwal's plea against the High Court order staying his bail for June 26.