In a major setback to AAP convener and Delhi Chief Minister Arvind Kejriwal, the Supreme Court registry on Wednesday refused to list his plea to extend his interim bail by a week to undergo certain medical tests.
During their campaign, the BJP questioned Kejriwal for seeking yet another relief from the court. They took a jibe at the AAP leader, stating that he can campaign in the Lok Sabha polls in intense heat but complains of illness when mandated by the judiciary to surrender soon after the campaign ends.
The development comes a day after a vacation bench refused to allow the urgent hearing, saying it would be appropriate if the Chief Justice of India takes a call on this. Kejriwal is out on bail in the liquor policy linked money laundering case and the same will expire on June 1. Kejriwal will have to surrender before the Tihar jail authorities on June 2. Kejriwal is currently campaigning in Punjab which will go to polls on June 1. In a related development, his aide Bibhav Kumar has also moved the Delhi High Court challenging his arrest in connection with the alleged assault on AAP MP Swati Maliwal at the CM's residence earlier this month.
Kejriwal has sought extension of his interim bail by seven days to undergo a host of medical tests, including a PET-CT scan, in view of his "sudden and unexplained weight loss coupled with high ketone levels", which are indicative of kidney, serious cardiac ailments and even cancer. The Chief Minister, in his fresh plea filed on May 26, said he will surrender before jail authorities on June 9 instead of June 2, the scheduled date for his return to prison. The top court had on May 10 granted 21-day interim bail to the chief minister, who was arrested in a money laundering case linked to the excise policy 'scam', to enable him to campaign for the Lok Sabha polls.
Taking a dig at Kejriwal, Union Minister Anurag Thakur, criticised him, stating that Kejriwal is capable of participating in a roadshow despite Delhi's scorching 47 degrees temperature, yet he seeks bail citing health concerns.
"He is exposed once again. It is visible to everyone that he can do a roadshow in 47 degrees temperature but asks for bail on the pretext of ill health," Thakur said. Another BJP leader MS Sirsa said, "All day he (Kejriwal) campaigned, but when it comes to going to jail, he becomes unwell...".
On Wednesday, the Supreme Court registrar, while refusing the plea, said the Delhi Chief Minister was given permission to move the trial court for regular bail, and hence this petition is "not maintainable". Additionally, it was pointed out that since the judgment on the challenge to the arrest is already reserved, the present extension application has no correlation to the main petition.
On Tuesday, a vacation bench of Justices J K Maheshwari and K V Viswanathan said it would refer his request to list the application for urgent hearing to Chief Justice of India D Y Chandrachud for appropriate orders. On Tuesday, when Kejriwal's request for urgent hearing of his application was mentioned by senior advocate Abhishek Manu Singhvi, the bench of Justices Maheshwari and Viswanathan sought to know why Kejriwal had not raised the request before Justice Dipankar Datta, one of the judges on the bench that granted him interim bail, while he was holding court until May 24.
Singhvi pointed out that the matter in which the court had reserved its order on May 17 was Kejriwal's petition challenging his arrest and had nothing to do with medical grounds. He urged the bench to list it for hearing on Wednesday "or whatever is Your Lordships' convenience".
