New Delhi: Denying any immediate relief to Delhi chief minister Arvind Kejriwal, whose release was stayed by the Delhi High Court last week, the Supreme Court on Monday verbally observed that the HC’s action was “unusual”.
Kejriwal petitioned the apex court today against the interim stay ordered by the Delhi High Court on June 21 on his release a day after he was granted bail by the lower court in a money laundering case linked to the Delhi excise policy case.
Granting interim stay on Kejriwal’s release, the Delhi HC had said that it would pronounce its order in a couple of days.
The Supreme Court’s vacation bench comprising Justices Manoj Misra and SVN Bhatti on Monday orally remarked that “in stay matters, judgements are not reserved but passed on the spot. What has happened here is unusual.”
The bench verbally remarked that if, according to Kejriwal, the high court committed a mistake by ordering an interim stay, it (SC) would not commit the same mistake. Instead, it would await the decision of the HC.
The bench has posted Kejriwal’s plea for resumed hearing on June 26.
As per available information, the Delhi HC will pronounce its verdict on Tuesday on ED‘s plea seeking stay on the AAP chief’s release. Adjourning the case to June 26, the SC ordered, “We deem it appropriate that the case be listed day after and if high court passes an order meanwhile, let that be brought on record.”
On Friday, the ED, in its stay petition, had called the trial court’s order “perverse” and argued that the court did not hear the arguments of its counsel properly.
It also argued (before the Delhi High Court) that the lower court placed reliance on irrelevant material.
In its order, the lower court had observed it was “constrained” to “draw an inference” that the ED is “not acting without bias”.
It further observed that Kejriwal cannot be kept behind bars until the federal agency traces out the complete money trail. Out of the total alleged kickbacks of ₹100 crore, around ₹40 crore have been traced out in the previous months and the remaining ₹60 crore is yet to be traced, it said.
