Kejriwal knocks SC door over stay on bail

| | New Delhi
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Kejriwal knocks SC door over stay on bail

Monday, 24 June 2024 | Staff Reporter | New Delhi

Delhi Chief Minister Arvind Kejriwal on Sunday moved the Supreme Court seeking urgent hearing against Delhi High Court stay on his bail order in the excise policy case. Earlier, the Chief Minister was granted bail in the alleged excise policy case in a Delhi court. But the High Court stayed the bail till it gives its order on a plea filed by the Enforcement Directorate (ED) challenging his bail.

Kejriwal, who is currently lodged in Tihar Jail, in his petition said the High Court has stayed the bail order ignoring the established legal process and tradition. In this regard, the basic principles of justice and bail established in the country have also been violated.

"The manner adopted by the HC in staying the bail order is contrary to the said clear dicta of law laid down by this court and would violate the basic fundamental threshold on which the bail jurisprudence is premised in our country," the petition stated.

The petition also states in political terms that due to being a critic of the ruling party at the Centre, he has become a victim of ED's displeasure and discriminatory process.

The petition states that the High Court has also overlooked something while reviewing the lower court's order. This stay should not be maintained even for a day. This is a matter related to personal freedom. Therefore, this court should order Kejriwal's immediate release.

The Delhi high court's stay, issued on Friday, halted the bail granted to Kejriwal by the Rouse Avenue Court on Thursday. The high court said it was reserving the order for two to three days to thoroughly review the entire case records.

Vacation judge Nyay Bindu had approved Kejriwal's bail on the condition of furnishing a bond of Rs 1 lakh. Following the bail order at approximately 7:56 pm, the Enforcement Directorate (ED) sought to delay the signing of the bail bond by 48 hours to allow for an appeal, a request that the court denied. The bond was instead directed to be produced before the duty judge on Friday.

The ED on Friday moved quickly to challenge the trial court's bail order, seeking an urgent hearing before Justices Sudhir Kumar Jain and Ravinder Dudeja. Additional Solicitor General S V Raju, representing the ED, argued that the agency had not been given a fair chance to present its case during the initial proceedings.

Supreme Court in May had granted interim bail to Kejriwal to allow him campaign for the Lok Sabha elections. He returned to jail on June 2 after the interim bail period allowed by the top court came to an end.

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