Arvind Kejriwal's Challenge To HC's Stay On Bail : Live Updates From Supreme Court Hearing
Delhi Chief Minister Arvind Kejriwal has approached the Supreme Court challenging the order passed by the Delhi High Court on June 21 staying the trial court's order which granted him bail in the liquor policy case.A vacation bench comprising Justices Manoj Misra and SVN Bhatti will hear the matter today.Follow this page for live updates.The petition was filed on Sunday (June 23) at 5.52...
Delhi Chief Minister Arvind Kejriwal has approached the Supreme Court challenging the order passed by the Delhi High Court on June 21 staying the trial court's order which granted him bail in the liquor policy case.
A vacation bench comprising Justices Manoj Misra and SVN Bhatti will hear the matter today.
Follow this page for live updates.
The petition was filed on Sunday (June 23) at 5.52 PM.
On June 20, the trial judge had granted Kejriwal bail in the money laundering case, after forming a prima facie opinion that he is not guilty of the office. The next day, the Enforcement Directorate moved an urgent petition in the Delhi High Court challenging the bail order. A single judge of the High Court heard the matter the same day. After extensively hearing both sides, the single bench reserved orders on the ED's application to stay the bail order. The High Court also ordered that till the pronouncement of the order, the operation of the bail order will stand stayed.
#BREAKING #SupremeCourt adjourns Arvind Kejriwal's petition, posts it day after tomorrow.
SC says if the HC's order is passed in the meantime, it can be brought on record.
Bench dictates order : The interim order would reveal that parties are given opportunity to file short submissions by June 24. ASG submits that the order on the stay application would be passed shortly and it would be appropriate if this Court adjourns the matter so that there is an opportunity to see the order.
Justice Misra : Normally, in stay applications, orders are not reserved. They are passed on spot. It is a bit unusual. Anyway, we will have it day after tomorrow.
SG : Can it be a day more?
Chaudhari : Can it be kept tomorrow.
SG : Let us not pressurize the High Court. It is not a high profile matter.
Justice Misra : Let us have it day after tomorrow. We are not expressing any opinion.
Justice Misra : Mr.Singhvi, what we propose to do is, we will fix a date, probably next week. Let the order of the Court come on record. Without the order on record,..
Singhvi : The HC did not wait for the order and stays it. If the HC can stay it without seeing the order, why can't your lordships stay the HC order...
Justice Misra : If HC has committed a mistake, why should we repeat?
Chaudhari : The ED's application was filed without the order. How can they say the order has no discussion? There are 5 paras of discussion on twin conditions.
Singhvi : The Court has recorded all contentions and a discretionary order is passed in a broad manner.
ASG : The findings of the trial court are perverse.
SG : The bail order is a violation of S.45 PMLA.
SG Tushar Mehta : The Hon'ble Court was a vacation judge for two days. To form the satisfaction, the Court has to go through the record of the case. The Court starts by saying it is a "high profile" case. The Court records in the order "who has the time to go through the record of the case?"
ASG : The Court specifically states that it has not gone through the papers. How can an order be passed without reading the records?
ASG : When the order is perverse, it can be stayed.
Justice Misra : Mr.Raju, we would like to know if satiscation on the twin conditions of bail in Sec 45 PMLA has been recorded in the bail order?
ASG : It is not.