No immediate relief for Arvind Kejriwal from Delhi court on plea for interim bail

A Delhi court on Saturday reserved its order on a plea filed by Delhi Chief Minister Arvind Kejriwal seeking interim bail on medical grounds in the money laundering case registered against him in relation to the Delhi excise policy case..Judge Kaveri Baweja of the Rouse Avenue court informed that the order would be pronounced on June 5. Notably, Kejriwal is slated to return to jail tomorrow as the interim bail earlier granted to him by the Supreme Court to campaign for the Lok Sabha elections ends today.Representing Kejriwal, Senior Advocate N Hariharan today requested the trial court to decide earlier in the matter in light of this aspect. "It will become infructuous. I require it latest by tomorrow. Otherwise I will have to surrender," Hariharan said."You have said you are not asking for an extension of interim bail," the judge replied, while reiterating that the order would be pronounced only on June 5. .Kejriwal has filed two separate petitions before the trial court. While one plea has sought regular bail, the second one has sought interim bail for seven days on medical grounds. His regular bail plea is scheduled for hearing on June 7.Earlier, Kejriwal was granted interim bail till June 1 (today) by the Supreme Court. He has to surrender by June 2. The Supreme Court registry recently refused to list his plea for the extension of interim bail. After this, Kejriwal moved the trial court for relief..Highlights of hearing today.The Enforcement Directorate (ED) today asserted that the trial court cannot entertain Kejriwal's plea since the trial court cannot modify the Supreme Court's order on interim bail. Representing the ED, Solicitor General (SG) Tushar Mehta added,"Kejriwal yesterday declared that he is going to surrender. Is he taking a chance and then surrender? ... I want to ask if his statement was genuine? ... We have preliminary objections. False statements have been made about his health, there is suppression ... We have objections to filing of interim bail as well. This court cannot modify the Supreme Court order.".SG Mehta added that Kejriwal is lying about experiencing health problems. Notably, in his plea for interim bail, Kejriwal had claimed that he lost 6-7 kilograms (kgs) during his arrest, which he could not regain even after his release. The sudden weight loss, coupled with high ketone levels, could be indicative of kidney damage, serious cardiac ailments and even cancer, Kejriwal had submitted.SG Mehta made it a point to refute this claim today, saying:"His claim that he has lost 7 kg weight is false. He has, in fact, gained 1 kg."Later in the hearing, Senior Advocate N Hariharan (Kejriwal's counsel) stood by Kejriwal's claim"His weight today is 64 kg. When he was taken into custody, it was 69 kg."However, Additional Solicitor General (ASG) SV Raju also later reiterated the ED's stance that Kejriwal's claim was false."His weight was 64 kg when he entered Tihar. Today he says his weight was 65 kg. He has gained 1 kg. All these statements are only for sympathy," Raju said, only for Hariharan to promptly object."The time he was taken into ED custody, his weight was 69 kg," Hariharan asserted..ASG Raju also echoed SG Mehta's submission that the interim bail plea was not maintainable before the trial court. "The (Supreme Court) order categorically says he will surrender by June 2. The SC order has not been modified till date ... He is technically asking for extension of interim bail granted by the SC and that is not permissible ... He must be in custody for (filing for) interim bail. He is not in custody today," Raju contended. ASG Raju added that if the trial court was going to consider the plea for interim bail on merits, the rigours of Section 45 of the Prevention of Money Laundering Act (PMLA) would apply. In other words, the ASG contended that the trial court will have to examine whether or not there is a prima facie case made out against Kejriwal and whether he is likely to commit a money laundering offence while out on bail."If he (Kejriwal) wants interim bail without deciding rigours of Section 45, then, he should have gone to the High Court," Raju said. He also asserted that Kejriwal had failed to disclose that he was denied any extension of interim bail when he approached the Supreme Court for the same. "He has a duty to disclose that. It is deliberately missing. On suppression of facts also, the petition is liable to be dismissed," the ASG asserted. He added that Kejriwal was making up health conditions to continue remaining out of prison on bail. "He does not have kidney disease. It would have required dialysis. All this is a figment of his imagination. This is all bogus ... If any tests are required, we will provide all the facilities in jail. We will take him to AIIMS if required ... If a person is seriously ill, he cannot campaign like this," ASG Raju said. .Senior advocate N Hariharan, meanwhile, took strong objections to the ED's preliminary objections. "Are they trying to suggest that a person who is ill or has a medical situation will be remediless? It is my Article 21 right. My medical situation necessitated the moving of this application ... My prayer is, grant interim bail for a week. So a bail application I have filed as per the liberty given by the SC. And I have also filed an application for interim bail ... I am not seeking regular bail but interim bail because of my condition. Since 1994, I have been diabetic. I am on a daily dose of insulin," Hariharan argued. The senior lawyer also denied the ED's allegation that Kejriwal had suppressed material facts. He added that the Supreme Court had consciously given Kejriwal liberty to approach the trial court for bail. "The SC was conscious that if this is not done, I would be remediless," Hariharan said. He went on to assert that there were some concerns regarding Kejriwal's health. "After campaigning I found that there are fluctuating levels of sugar. This can be very dangerous. What was alarming was that ketone levels increased dramatically. It is indicative of the fact that the kidney is not functioning normally."He added that a grant of medical bail is necessary to conduct certain medical tests. "There are tests which have to be done one after the other and that is why I am asking for 7 days. If I go back to jail without having these tests done, it will put me at risk ... Who will take responsibility if something happens to me? ... Have some empathy for a person who is not keeping well. If you think seven days is too much, my ladyship may say 5 days," Hariharan urged the court. .Kejriwal was arrested by the Enforcement Directorate (ED) on March 21 on allegations that he was part of a conspiracy to intentionally leave loopholes in the now-scrapped Delhi Excise Policy for 2021-22, to benefit certain liquor sellers.Among other allegations, it is claimed that kickbacks received from liquor sellers were used to fund the Aam Aadmi Party's (AAP) electoral campaign in Goa.Kejriwal has counter-accused the ED of running an extortion racket.Kejriwal remained in jail till May 10, when the Supreme Court allowed his release on interim bail to campaign for the ongoing Lok Sabha elections.The interim order was passed on a plea filed by Kejriwal challenging his arrest and remand by the ED. The top court is yet to pronounce a final verdict on the main plea.Recently, the ED also made the AAP an accused in the money laundering case registered in the matter..[Read live coverage of today's hearing].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.