Arvind Kejriwal's Bail: 'High Court Heard Bail Plea But Did Not Pass Order,' Delhi CM Tells Supreme Court

The Supreme Court on Thursday resumed hearing the bail petition filed by Delhi Chief Minister Arvind Kejriwal in CBI case in the alleged Delhi Liquor Policy scam.

Arvind Kejriwal's lawyers told Supreme Court that no order was pronounced on bail despite the high court judge hearing the bail on merits.

Source : PTI

The Supreme Court on Thursday resumed hearing the bail petition filed by Delhi Chief Minister Arvind Kejriwal in the CBI case in the alleged Delhi Liquor Policy scam. Senior Advocate Abhishek Manu Singhvi appearing for CM Kejriwal told the top court today that the Delhi High Court did not pass an order on his bail petition despite hearing the case at length. 

Singhvi told the apex court that 1st July onwards, the High Court began hearing the case. There were two writ petitions by Kejriwal. One against the legality of CBI arrest, another for bail. On 17th July, the high court reserved judgment on arrest, but bail was re-notified later.

"No order was pronounced on bail despite the high court judge hearing the bail on merits. After a month, the high court judge said, I decide not to decide bail and asked me to go back to trial court for bail. There are 13 judgments by the Supreme Court that deprecates delay in bail and sends you back. What was the point of sending me back?" Singhvi appearing for Kejriwal questioned the high court order.

However ASG SV Raju appearing for CBI, told the top court that the high court examined the question of concurrent jurisdiction.

Arvind Kejriwal's lawyers present in the court told the Supreme Court that they were heard for a full day by the high court, but no order was pronounced and they were asked to go back to trial court which has caused a huge delay to the case.

Senior Advocate Singhvi told the Supreme Court that the top court had itself in Para 32 of Manish Sisodia judgement had termed this practice as playing "snakes and ladder" with the accused. 

A bench of justices Surya Kant and Ujjal Bhuyan resumed hearing the petitions filed by Delhi CM today. The court is hearing AM Singhvi's arguments who is appearing for Kejriwal. Singhvi repeated his previous arguments saying that CBI made an "insurance arrest" on June 26 after it saw that Kejriwal would get bail in the ED case. He questioned why the CBI made the arrest after nearly two years had passed.

ASG SV Raju appearing for CBI however defended the high court order that asked the Delhi CM to approach trial court for bail. He contended that Kejriwal's lawyers were put on notice that the High Court would consider the issue of concurrent jurisdiction. 

"Several courts have taken the view that as far as concurrent jurisdiction is concerned, trial court should be approached first."

While hearing ASG Raju, Justice Surya Kant remarked, "Ideally, High Court should be decisive on this question immediately. High Court should have passed that order on that very day when notice was issued."