Delhi Chief Minister Arvind Kejriwal will have to return to Tihar jail as the Rouse Avenue court reserved the order, observing that the application was for grant of interim bail on medical grounds and not for the extension of the interim bail granted by the Supreme Court.
During the proceedings, the Enforcement Directorate (ED) on Saturday opposed an application moved by Kejriwal before a court here seeking interim bail in a money laundering case related to the alleged Delhi excise policy scam. Special Judge Kaveri Baweja deferred the bail petition after hearing both sides. After the judge reserved the order, Kejriwal's counsel Hariharan urged the court to pass the order on Saturday itself, considering that he has to surrender on Sunday.
"It will become infructuous. I will require it by tomorrow. Otherwise I will have to surrender," Hariharan said.
"You have said you are not asking for an extension of interim bail," the judge replied, while reiterating that the order would be pronounced only on June 5.
Special Counsel Zoheb Hossain and Special Public Prosecutor NK Matta representing the ED were present in court and ASG SV Raju joined the proceedings via Video Conferencing (VC) . Soliciter General Tushar Mehta also joined via VC.
During the proceedings, Mehta, appearing for the ED, told the court that Kejriwal made misleading claims at a Press conference on Friday that he would surrender on June 2 on his own.
He said the interim bail application was not maintainable as the trial court cannot modify the order of the Supreme Court mandating Kejriwal to surrender tomorrow.
Mehta said, "Kejriwal yesterday declared that he is going to surrender. Is he taking a chance and then surrendering? ... I want to ask if his statement was genuine? ... We have preliminary objections. False statements have been made about his health, there is suppression ... We have objections to filing of interim bail as well. This court cannot modify the Supreme Court order."
Mehta said, "Kejriwal campaigned throughout his interim bail period and, now, he suddenly claims he is ill. Kejriwal suppressed facts and made false statements, including about his health."
Kejriwal's counsel told the court that he was ill and needed treatment.
SG Mehta said Kejriwal is lying about experiencing health problems. Notably, in his plea for interim bail, Kejriwal had claimed that he lost 6-7 kilograms during his arrest, which he could not regain even after his release.
The sudden weight loss, coupled with high ketone levels, could be indicative of kidney damage, serious cardiac ailments and even cancer, Kejriwal had submitted. Mehta made it a point to refute this claim today, saying:
"His claim that he has lost 7 kilograms is false. He has, in fact, gained 1 kilogram," he said.
Later in the hearing, senior Advocate N Hariharan (Kejriwal's counsel) stood by Kejriwal's claim "His weight today is 64 kilogram. When he was taken into custody, it was 69 kg."
"A person who is saying his condition is serious, look at his conduct. From the day he was released, he is campaigning everywhere and not like one minute or two minutes, it's for hours. At that time, nothing happened to his health," he said.
The ED alleged that Kejriwal wants to cheat the court by delaying medical tests. "If any tests are required, we'll provide all facilities in jail. If required we will take (Kejriwal) to AIIMS or any hospital," it said.
The ED's counsel said, "A person who claims on TV that I may die, kidney failure etc, didn't go for a basic test since May 25? The entire system cannot be taken for a joy ride. It is a game being played by the litigant with the system. The prayers may not be granted."
Additional Solicitor General SV Raju submitted that Kejriwal is asking for extension of the Supreme Court's order which is not permissible.
Seeking the relief, Kejriwal's counsel told the court that despite his ill health, the AAP leader campaigned because that was the purpose for which the interim bail was granted by the Supreme Court.
As the Special Judge Kaveri Baweja asked Kejriwal's counsel how long the tests will take, Hariharan said the holter test will require at least 72 hours. "The PET scan has to be done after the holter test. The PET scan will require 24 hours. LFT, KFT, CBC -- are all blood tests. If my lady thinks these tests can be done in 5 days, then I will have no problem. Diabetic ketoacidosis is a fatal disease... the man may not be there. What is the harm if the apprehensions are eliminated from his (the CM's) mind? No prejudice will be caused... let us have some empathy for the patient." he said.
ASG Raju then referred to the holter rest: "The holter doesn't require 7 days... it's just a monitor put on the neck..." "It was not a case of sudden illness... a person who is seriously ill can't campaign for such a long time. He would have otherwise visited/consulted a doctor. The jail authorities can take care of him...," he said.
