New Delhi: Delhi Chief Minister Arvind Kejriwal has received another setback as the Supreme Court decided to wait for the order of the High Court on a stay of bail. Now the Supreme Court will hear the matter on the day after tomorrow, i.e. on Wednesday. Refusing to lift the stay on the interim bail, the Supreme Court decided to wait for the order by the Delhi High Court.
Arvind Kejriwal moved the Supreme Court against the stay on release put by Delhi High Court. Earlier, the trial court granted bail to Arvind Kejriwal in the Delhi Excise policy case but later the next day, ED reached the Delhi high court and asked for a stay on release.
A vacation bench of Justices Manoj Misra and SVN Bhatti observed that the decision of the High Court to grant an interim stay on Kejriwal’s bail without passing a final order in the matter was “unusual.”
“In stay matters, judgements are not reserved but passed on the spot. What has happened here is unusual. We will have it (the case before it) the day after,” the bench said.
During the hearing today, Additional Solicitor General SV Raju told the bench that the High Court would shortly pronounce the order on the stay application and requested adjournment of the case.
The apex court then said that it would be appropriate to wait for the final order, which is to be pronounced by the High Court in a day or two.
Senior advocate Abhishek Manu Singhvi, representing Kejriwal, questions the High Court order granting stay on bail on the first day of hearing.
He submitted that the procedure of staying on bail on the first day is unprecedented. “Suppose the High Court dismisses ED’s appeal, how does the judge compensate for the time he (Kejriwal) lost?,” Singhvi asked.
Singhvi argued that at 10:30 am on June 21, the order of the High Court was passed without any reason, and arguments were heard after it stayed the order of bail.
The senior counsel further said that there are several Supreme Court judgements that hold that bail, once granted, cannot be stayed without special reasons.