New Delhi:The Supreme Court on Wednesday allowed Delhi Chief Minister Arvind Kejriwal to withdraw his plea against the interim order passed by the Delhi High Court on June 21, staying his bail granted by a trial court in the money laundering case linked to the alleged liquor policy scam.
Senior advocate A M Singhvi, appearing for Kejriwal, submitted before a bench led by Justice Manoj Mishra that events are overtaking his client every day. "The High Court judgment has come, which includes all kinds of issues," Singhvi said. "Kejriwal has now been arrested by the CBI, while being arrested under Prevention of Money Laundering Act (PMLA)," he added.
To Challenge HC Order In Fresh Petition
"I will have to challenge the High Court judgment before the apex court in a proper special leave petition. I am seeking liberty to withdraw but with express liberty to challenge both the June 21 order (by the high court) andJune 25 order (passed by the high court)," submitted Singhvi before the bench, also comprising Justice S V N Bhatti.
The apex court granted liberty to Singhvi to file a fresh petition challenging the June 25 order by the Delhi High Court suspending the operation of the bail order. Additional solicitor general S V Raju, appearing for the ED, submitted that he has no objection.
Bench Allows Withdrawal
"On June 25, the final order on the stay application was passed. A M Singhvi, who appears for the petitioner, seeks to withdraw the petition, so as to file a fresh petition. Keeping the same prayer and also adding the prayer to challenge the June 25 order…..special leave petition is dismissed as withdrawn," said the bench, in its order.
The high court on June 25, allowed the Enforcement Directorate's plea for stay of the bail order granted in favour of Kejriwal, saying that the trial court judge did not appropriately consider the materials on record in the liquor policy scam case.
On June 24, the Supreme Court declined to grant immediate relief to Kejriwal on his plea against the Delhi High Court's interim stay ontrial court's order granting him bail in the excise 'scam'.
Unusual Order Reservation
The bench adjourned the hearing on Kejriwal’s petition and scheduled it for further hearing on Wednesday. The bench said that normally, in stay applications, orders are not reserved and they are passed at the hearing itself. "Bit unusual, but we will have it the day after tomorrow," said the bench.
"Order impugned in this special leave petition is an order by which, after hearing the counsel of the parties, order was reserved on the stay application," it said adding, "Perusal of the impugned interim order would reveal parties' were given opportunity to file short submissions."
Raju had submitted that order on the stay application will be passed shortly by the high court. He also urged the bench to adjourn its proceedings, which he said would be "appropriate". After hearing submissions, the bench, in its order, said: "We deem it appropriate that the case be listed day after(Wednesday)....and if the high court passes an order meanwhile let that be brought on record."
The ED had arrested Kejriwal on March 21, shortly after the Delhi High Court refused to grant him protection from arrest on his petition challenging summonses issued to him.
Kejriwal was earlier granted interim bail by the Supreme Court on May 10 for campaigning during the Lok Sabha polls. He had surrendered on June 2 as per the apex court's order.
