New Delhi, June 01: Delhi’s Rouse Avenue Court has reserved the decision while hearing the regular and interim bail plea of โโDelhi Excise Scam accused and Chief Minister Arvind Kejriwal. Special Judge Kaveri Baveja ordered to pronounce the verdict on June 5.
This decision of the court means that Kejriwal will have to surrender on June 2. Solicitor General Tushar Mehta and ASG SV Raju were present on behalf of ED.
Senior advocate N Hariharan was present on behalf of Kejriwal. As soon as the hearing started, Tushar Mehta asked whether Kejriwal will surrender. Kejriwal held a press conference and said that he will surrender himself on June 2 at 3 pm. Kejriwal has tried to mislead in his press conference. He is not surrendering himself, he is surrendering as per the decision of the Supreme Court.
Raju said that the plea for Kejriwal not surrendering is not admissible because the Supreme Court has asked him to surrender on June 2. In such a situation, the interim bail petition is not admissible. Raju said that the Supreme Court has granted interim bail till June 1. The Supreme Court has allowed Kejriwal to file for regular bail.
Raju said that his regular bail petition is also not admissible because according to the law, he is not in custody right now. Regular bail petition can be heard only after he is in custody. Raju said that Kejriwal’s regular bail petition can be heard only when he is in custody. In such a situation, regular bail petition can be heard only if Kejriwal surrenders.
Raju said that whether it is interim bail or regular bail, the procedure of section 45 of the Money Laundering Act should be followed. In such a situation, both interim bail and regular bail petitions are not admissible. Constitutional courts like the Supreme Court and the High Court have special rights under Article 42 of the Constitution, but trial courts do not have special rights to hear these petitions.
Raju said that Kejriwal should go to the High Court for interim bail under Section 45 of the Money Laundering Act. The trial court is not the proper forum for this. Kejriwal’s petition does not mention that he has not disclosed the petition he filed in the Supreme Court for extension of interim bail. The registrar did not accept his application saying that it has been hidden.
Tushar Mehta said that the question is that the Supreme Court has granted interim bail, can the trial court make changes in it. Mehta said that Kejriwal’s one-week interim bail plea on medical grounds was rejected by the Supreme Court Registrar and after that he came to the trial court but this fact was hidden by filing a petition in the trial court. Mehta said that on one hand Kejriwal is saying that he is ill and on the other hand he is doing road shows and meetings. He is saying that his weight has reduced by 7 kg and he is at risk of getting cancer. All these facts are baseless.
Hariharan opposed Mehta’s argument and said that all the allegations are false. The facts given in the petition cannot be doubted. Interim bail has been sought on health grounds. Regular bail petition has been filed as per the order of the Supreme Court. Hariharan cited a Supreme Court decision on the matter of interim bail. Hariharan said that the Supreme Court has given the freedom to file a bail petition, due to which a regular bail petition has been filed in the trial court.
Hariharan said that the Supreme Court had granted interim bail to Kejriwal and allowed him to go to the trial court. Kejriwal is unwell, due to which he had to come to the trial court. Kejriwal’s sugar level is fluctuating. Therefore, it is necessary to get him checked up. Kejriwal’s ketone level has increased. He is demanding extension of interim bail due to deteriorating health, there is no other reason. Hariharan said that if Kejriwal is sent to jail without getting tested, his life may be in danger.
Responding to Hariharan’s argument, SV Raju said that interim bail should be given only under the provision of section 45 of the Money Laundering Act. Raju said that several days are not required for Kejriwal’s test. This is a matter of a few hours. Kejriwal has held many meetings, road shows. He could have taken out time for these tests. Raju called the claim of Kejriwal’s weight loss false. When Kejriwal went to jail, his weight was 64 kg, when he came out, it was 65 kg.
Raju said that the medicine being given to Kejriwal is meant to reduce sugar. Kejriwal never complained to his doctor about increased ketone levels. Kejriwal is holding rallies as soon as he came out of jail but he did not complain to the doctor about increased ketone levels on 20 May. He complained to the doctor on 24 May so that the ground could be prepared for interim bail.
Raju said that if Kejriwal gets any disease inside the jail, he can be taken from AIIMS to another hospital. If there is a kidney problem then blood test should be done. If there is a serious disease then other doctors should also be consulted. If Kejriwal was seriously ill, he would not be holding so many rallies and campaigning for elections. He is making excuses for illness.
Tushar Mehta said that it is a question of the dignity of law. This is a question of responsibility. The test was done deliberately on 25 May because it was known that the election campaign was about to end.
Mehta said that Kejriwal’s claim that he has lost weight is false because he has gained weight. No party can make fun of any system. Mehta said that no test was done after 25 May, this petition has been filed on the basis of that test.
court asked Hariharan why Kejriwal wants interim bail of 7 days while Raju is saying that the test takes a few hours. Then Hariharan said that Holter test takes time. Hariharan said that Holter test is done only after fulfilling all the parameters. It takes more time.
On this, Mehta and Raju said that this test could have been done from 25 May to 1 June. Mehta said that if any other party like Kejriwal says that he should be given medical facilities by bypassing the jail rules, then it would be a mockery of the law.
The court had issued notice to ED while hearing Kejriwal’s interim and regular bail plea on May 30. On May 29, the Supreme Court refused to accept Kejriwal’s application for seven-day interim bail and said that since the decision on challenging Kejriwal’s arrest has already been reserved, Kejriwal’s plea for extension of interim bail has no connection with the main petition.
Apart from this, the Supreme Court has also allowed him to go to the trial court for regular bail. It is noteworthy that on May 10, the Supreme Court had granted interim bail to Kejriwal till June 1 and ordered him to surrender on June 2.
