New Delhi: The Supreme Court registry has turned down Delhi chief minister Arvind Kejriwal’s request seeking urgent hearing on his plea for extension of interim bail on health grounds. Kejriwal was released on interim bail on May 10, for campaigning in the ongoing Lok Sabha election.
According to a source familiar with the development, the court’s registry has said that the application filed by Kejriwal is not maintainable by citing a previous order, which limited Kejriwal’s interim bail till June 1. The registry said that the apex court has already given Kejriwal the liberty to move the trial court for regular bail. Kejriwal had got interim bail from a bench comprising Justices Sanjiv Khanna and Dipankar Datta on May 10. The court had asked him to surrender to Tihar jail authorities on June 2.
On May 17, the apex court had reserved the verdict on his challenge to the validity of his arrest by the Enforcement Directorate in a Prevention of Money Laundering Act case connected with the Delhi liquor policy case.
On Tuesday, the apex court referred the plea by Kejriwal, seeking a seven-day extension of his interim bail, to the Chief Justice of India D Y Chandrachud for fixing a date for the hearing.
Senior advocate A M Singhvi, representing Kejriwal, mentioned the matter for listing before a bench comprising justices J K Maheshwari and K V Viswanathan. Singhvi urged the bench to list the application for hearing tomorrow. “This is Delhi CM matter, where tests are prescribed for him. We are asking for a seven days’ extension”, Singhvi had argued.
Justice Maheshwari said the matter had already been heard on May 17 and the court had reserved the judgment. Singhvi said that was the main matter and he was referring to an application, which was filed seeking interim bail extension. “We will refer the mentioning memo to the CJI. Let the CJI take a decision”, said Justice Maheshwari.
Singhvi said there is an urgency because his client had got a twenty-day window for campaigning and, now, Kejriwal seeks a seven-day extension of interim bail for medical tests, and stressed, “it is not an abuse, as I am asking for only seven-day extension”. “We will send it to the CJI and the CJI will take a decision”, said the bench.
The bench queried Singhvi, why this application was mentioned before Justice Dipankar Datta, who was part of one of the vacation benches last week. Justice Viswanathan asked Singhvi why he did not mention the matter last week?
Singhvi argued these are prescription tests obtained by three doctors’. “One of the learned members of the bench held court (till last week)”, said the bench. Singhvi said he has no problem putting up the matter before the two judges’ even virtually. “In heard and reserved matter, we are not supposed to do anything….let the CJI (decide)”, said the bench.
Kejriwal has moved the Supreme Court seeking an extension of his interim bail by seven more days, citing health grounds. Kejriwal was arrested by the Enforcement Directorate in a money laundering case connected with the Delhi liquor policy case.
In a fresh plea, the AAP leader has sought an extension of the interim bail by seven more days citing health grounds and also pointed out that he has lost seven kgs. According to sources, Kejriwal has to undergo a PET-CT scan and other tests. Kejriwal’s plea contended that he seeks an extension of his interim bail by a week, during which he can get the prescribed done and obtain results of the same. The plea said Kejriwal would get all these tests done in the week commencing from June 3 to June 7 and then surrender on June 9.
The plea said during the incarceration from March 21 to May 10, the chief minister suffered a lot of health-related complications which are also "partly attributable to the negligent and callous behaviour of the jail authorities".
AAP has claimed that Kejriwal lost around six to seven kg of weight in the jail and has not been able to regain even after his release.
The plea contended that in the meantime, recent test reports confirm that the appellant has also developed an unusually high blood glucose level as well as high ketone levels in urine, which indicate that in addition to increased blood sugar level, the appellant may have also developed kidney-related complications and kidney damage. Kejriwal was arrested by the ED on March 21.
The Enforcement Directorate has alleged that Kejriwal was the kingpin and key conspirator of the alleged Delhi liquor policy scam. The ED had vehemently opposed his interim bail for the purpose of campaigning. The matter relates to the execution of the Delhi government's now-scrapped excise policy for 2021-22.
The registry’s order said that the Order XV Rule 5 of the Supreme Court Rules, 2013, enables the Registrar to refuse receiving a petition on the ground that it discloses no reasonable cause or is frivolous or contains scandalous matter.
The order said, “When the prayer made by the Applicant in this Application is considered, I am of the opinion that no reasonable cause or grounds are made out by the Applicant to entertain this application".
The registry’s order noted that the apex court had observed that Kejriwal may, if advised, file an application for grant of bail, without prejudice to his rights and contentions, notwithstanding the fact that the apex court has reserved the judgment.
"Once the main appeal is reserved for judgment upon conclusion of arguments and liberty is granted to the Applicant by this Court, the question of the Applicant again approaching this Court for the above said relief is misconceived," said the order.
The registry's order said that the relief sought in the present application is directly in conflict with and contrary to the order passed by the apex court on May 17.
The registry also said that the relief sought for is beyond the scope of the main appeal since the issue relating to the validity of arrest of the applicant is in question and not relating to his release on bail. "For all these reasons, I refuse to receive the present application, as it does not disclose any reasonable cause for being entertained," said the order.
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