NEW DELHI: Delhi's Rouse Avenue Court on Thursday issued notice to the Enforcement Directorate (ED) and sought it's reply on the plea filed by Chief Minister, Arvind Kejriwal, seeking regular bail as well as interim bail, in the liquor scam case.
Special judge Kaveri Baweja of the Rouse Avenue Courts issued notice on Thursday to the ED and sought response and fixed the plea of Kejriwal for further hearing to June 01, Saturday.
Kejriwal had moved the Rouse Avenue Court today, after his plea for extension of 7 day interim bail was not listed for hearing and the same was rejected by the apex court registry.
The Delhi Chief Minister on Thursday also sought regular bail, along with 7 days interim bail on health grounds, in the money laundering case related to the alleged liquor policy scam.
Appearing for the ED, ASG (Additional Solicitor General) SV Raju sought time to file response to the pleas, submitting that there are several suppressions which the central probe agency wants to bring on record.
Seeking dismissal of the appeal of Kejriwal for bail, Raju said that he is not in custody. He has been granted interim bail by the Supreme Court. He is today in Punjab campaigning.
"His health did not hinder him from campaigning. He moves the bail on last date so that we get very little time. His conduct doesn't entitle him for any orders today," Raju questioned the move and plea of Kejriwal.
Vehemently opposing Kejriwal's plea, Raju pleaded to the court for dismissing the accused, Kejriwal's petition.
Yesterday, the apex court registry refused to accept the application of Kejriwal for listing it for an hearing, it had said since the verdict is already reserved on challenge to arrest, Kejriwal's plea for extension of interim bail has no relation to his main petition. "As the SC allowed him (Kejriwal) to move trial court for regular bail, this application is not maintainable," the SC registry said.
Kejriwal had got interim bail on May 10, by a two-judge Bench of the top court, led by Justice Sanjiv Khanna and Justice Dipankar Datta, for a period of three weeks till June 01 and was asked to surrender to Tihar jail on June 2.
The same bench of judges had on May 17 reserved the verdict on Kejriwal’s plea challenging the validity of his arrest by ED in a PMLA (Prevention of Money Laundering Act) case in the liquor case.
Earlier, the SC’s two-judge vacation bench, led by Justice J K Maheshwari and Justice K V Viswanathan, had yesterday refused urgent hearing of Kejriwal's plea. His interim bail expires on June 2. Kejriwal had filed the plea seeking extension of interim bail for 7-day on medical grounds.
The bench had on Tuesday also asked Abhishek Manu Singhvi, the lawyer of Kejriwal, as to why the CM's application was not mentioned before a vacation bench headed by Justice Dipankar Datta, who was heading the vacation bench till Friday. Singhvi sought urgent hearing in the plea, saying that the Delhi CM needed urgent medical check up to find out about his health conditions.
Kejriwal on Monday knocked the doors of the Supreme Court seeking a direction for an extension of his interim bail by another seven days, citing that he has to undergo PET-CT scan and other tests.
Kejriwal, in his plea, claimed that since his arrest he had lost 7 kgs. His Ketone level had gone very high. This could be a symptom of a serious disease. "The doctors of Max hospital is treating him at present," he said in his plea.
The ED (Enforcement Directorate), had in the top court opposed the grant of interim bail to Kejriwal on the ground of electioneering, after saying that no such precedent was there.
The ED further said that no political leader has been granted interim bail for campaigning even though he is not the contesting candidate.
The ED also said that if the top court granted interim bail to Kejriwal on the grounds of elections, then this "will create a precedent which would permit all unscrupulous politicians to commit crimes, avoid investigation under the garb
Opposing the Court's suggestion to grant Kejriwal interim bail in view of the Lok Sabha elections, the ED said, "The right to campaign for an election is neither a fundamental right nor a constitutional right and not even a legal right. The agency also submitted that a politician cannot claim a higher status than an ordinary citizen and was not entitled to differential treatment."
Justifying Kejriwal's arrest in the case, the ED had told the Supreme Court that he was the mastermind and main conspirator in the case. We have all the evidence against him,"the ASG Raju told the SC.
The Aam Aadmi Party (AAP) convenor, had moved the apex court challenging the Delhi HC's rejection of his plea challenging his arrest and remand by the ED.
A day after his plea was rejected by the Delhi High Court on April 9, Kejriwal had on April 10 moved the Supreme Court against the dismissal of plea of his arrest and remand in the case.
The accused, Kejriwal claimed innocence in the liquor gate scam case and had told the Court, during the hearing that the timing of his arrest right after the Model Code of Conduct (MCC) is to humiliate, insult, and disable him and his political party.
The ASG Raju said that there are sufficient evidences against him and he is the main criminal conspirator in the Delhi liquor scam case.