A Delhi court on Saturday reserved the order in Delhi Chief Minister Arvind Kejriwal’s bail plea to June 5, the day after the results of the Lok Sabha elections. As his interim bail period ends on Saturday, Kejriwal will return to Tihar jail on Sunday.
During the hearing at the Rouse Avenue Court, representatives of the Enforcement Directorate (ED) asserted that the Supreme Court’s order prohibited him from filing an interim bail extension plea, allowing only a regular bail plea.
ASG Raju highlighted that according to the SC order, bail is only applicable if the person is in custody, rendering an interim bail application invalid as the CM is not currently in custody.
The ED also stated that Kejriwal had suppressed facts on the nature of the medical test he has to undergo, and that he had moved a similar petition in the Supreme Court.
Jurisdiction issue
Additionally, the ED objected, stating that a trial court lacks the inherent authority to release a person without complying with Section 45 of the Prevention of Money Laundering Act, a prerogative reserved for the High Court and Supreme Court. The apex court had granted Kejriwal a 21-day interim bail on May 10.
As the Special Judge Kaveri Baweja asked Kejriwal’s counsel how long the tests would take, Hariharan said the holter test would require at least 72 hours. He said the PET scan has to be done after the holter test which would require 24 hours.
ASG Raju said it was not a case of sudden illness. “A person who is seriously ill can’t campaign for such a long time. He would have otherwise visited/consulted a doctor. The jail authorities can take care of him,” he said.
Addressing the fact that ketone levels have gone up, Raju said: “Ketone levels could go up because of a UTI as well. Why is there no blood test? Why has he only done a urine test? The CM didn’t even tell the doctor that he has high levels of ketone. Right from Day 1, he has been carrying out rallies strenuously. He has been campaigning for hours constantly.”
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