Unusual for HC to reserve verdict: SC

New Delhi: The Supreme Court on Monday termed as "unusual" the Delhi High Court's decision of reserving the order while granting interim stay on the operation of the trial court's order granting bail to Delhi Chief Minister Arvind Kejriwal in a money laundering case linked to the alleged excise scam.

A vacation bench of Justices Manoj Misra and SVN Bhatti, which fixed June 26 for hearing Kejriwal's plea against the interim stay granted by the high court at the time of reserving its verdict on ED's plea said, "Normally, on stay applications, orders are not reserved. They are passed at the hearing itself, on the spot. So, it is a bit unusual."

The bench said it would like to wait for the pronouncement of the high court order before taking a call on the AAP national convenor's appeal. During the brief hearing, senior advocate Abhishek Singhvi, appearing for Kejriwal, sought vacation of the interim stay on the bail order, contending it was contrary to the well-established norm that a bail granted is very different from a bail reversed or cancelled. Giving the sequence of events that unfolded in the high court on June 21, Singhvi said, after the bail was granted on June 20, Additional Solicitor General SV Raju, appearing for the ED, made a mention before a vacation bench.

"This is important. On June 21, at the mentioning stage itself, in my presence, the judge stays the order and then the judge proceeds to hear us for some time on that day at length. Then reserves order," he said.

Contending that there are two or three legal points involved, Singhvi said, first, the procedure of staying a bail on the first attempt, on the first day and first challenge is "unprecedented" and, secondly, the balance of convenience is totally in Kejriwal's favour. "If the judgement is reversed, the man will go back to jail as he did when he was out for three weeks under the Supreme Court's direction. The Supreme Court had directed him to be out for three weeks and he went back immediately. Secondly, he is not a flight risk," Singhvi said.

The Delhi High Court will on Tuesday pronounce its verdict

The Enforcement Directorate told the Delhi High Court that the trial court order granting bail to Kejriwal was based on "perverse" findings as it did not consider the material demonstrating his "neck deep involvement" in the offence of money laundering linked to the alleged excise scam. In a written note filed in relation to its plea seeking a stay on the trial court's decision, the agency contended the order suffers from a "jurisdictional defect" since it was not given a proper opportunity to argue its case. It also said the trial judge did not record her satisfaction that “there are reasonable grounds for believing that he is not guilty of such offence” as per section 45 of the Prevention of Money Laundering Act (PMLA).