The Supreme Court on Monday declined to issue an immediate reversal of the Delhi High Court's decision to stay the bail granted to Chief Minister Arvind Kejriwal. Although the Supreme Court noted that the High Court's approach was "a bit unusual," it advised Kejriwal to await the High Court's final order.
The vacation bench, comprising Justices Manoj Misra and SV Bhatti, was hearing Kejriwal's plea against the Delhi High Court's stay on his bail in the liquor policy case. The High Court had paused the bail granted by a lower court following a plea from the Enforcement Directorate and stated it would announce its decision on June 25.
Senior advocates Abhishek Manu Singhvi and Vikram Chaudhary, representing Kejriwal, argued that the High Court stayed the bail without reviewing the trial court's order. Singhvi questioned, "If the High Court can stay it without seeing the order, why can't your lordships stay the High Court order?"
Justice Misra responded, "If the High Court has committed a mistake, should we repeat it?"
Singhvi contended that the stay was unprecedented and emphasized that Kejriwal was not a flight risk. The bench advised patience, suggesting that a final order was forthcoming. Singhvi expressed concerns about the time lost despite having a favorable judgment.
Justice Misra acknowledged the High Court's stay as "unusual" but stressed that issuing an order now would mean "prejudging the issue." He added, "It is not a subordinate court; it is a High Court."
The Delhi High Court is set to pronounce its order on Tuesday, June 25, at 2:30 PM. The Supreme Court will review Kejriwal's plea the following day, June 26.