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  • 2. 'If Delhi High Court made a mistake, why should we repeat it?'

2. 'If Delhi High Court made a mistake, why should we repeat it?'

2. 'If Delhi High Court made a mistake, why should we repeat it?'
No go
  • The Supreme Court on Monday refused to pass an immediate order to overturn the Delhi High Court's decision to stay Chief Minister Arvind Kejriwal's bail.
  • The top court, while observing that the HC’s approach was “a bit unusual”, advised the CM to wait for the court's order.
The hearing
  • A vacation bench of Justices Manoj Misra and SV Bhatti was hearing Arvind Kejriwal's plea challenging the Delhi High Court's June 21 stay on his bail order in the liquor policy case.
  • The Delhi High Court paused the bail granted to Kejriwal by a lower court on the Enforcement Directorate's plea and said it would pronounce the order on June 25.
Back and forth
  • “If the Delhi HC can stay it without seeing the [trial court] order, why can't your lordships stay the high court order,” senior advocate Abhishek Manu Singvhi, appearing for Kejriwal, argued.
  • To this, Justice Misra said, “If the HC has committed a mistake, should we repeat it?”
  • “But why cannot I be free? The trial court judgement of June 20 is in my favour… This is a question of personal liberty. I am the Chief Minister of Delhi. I am not a flight risk nor am I going to abscond… How can bail, once granted, be stayed?” Singhvi said.
  • "If we pass an order now, we will be prejudging the issue. It is not a subordinate court, it is a HC," Justice Misra said.
The case
  • The ED had arrested Kejriwal on March 21, shortly after the Delhi High Court refused to grant him protection from arrest on his petition challenging summons issued to him.
  • While pronouncing the order last week, the trial court ordered Kejriwal’s release on a personal bond of Rs 1 lakh and imposed certain conditions, including that he will not try to hamper the investigation or influence the witnesses.
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