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Nation / Tue, 25 Jun 2024 India Today

2 days, 2 Supreme Court observations on Delhi High Court's bail-linked orders

The Supreme Court, on two consecutive days, has made important observations on the Delhi High Court's orders on separate bail plea cases involving AAP leaders Satyendar Jain and Arvind Kejriwal. Both the observations were made by a bench of justices Manoj Misra and SVN Bhatti of the Supreme Court. 'HIGH COURT RESERVING ORDER UNUSUAL'A day earlier, the same Supreme Court bench observed that the interim stay ordered by the Delhi High Court on Arvind Kejriwal's bail was "a bit unusual". Kejriwal approached the Supreme Court after the Delhi High Court put on hold for "two-three days" the order of the trial court granting him bail. "If the High Court can stay it without seeing the order, why can't your lordships stay the High Court order," Kejriwal's lawyer had said.

The Supreme Court, on two consecutive days, has made important observations on the Delhi High Court's orders on separate bail plea cases involving AAP leaders Satyendar Jain and Arvind Kejriwal.

On Tuesday, the Supreme Court said that bail matters should not be adjourned unnecessarily while hearing Satyendar Jain's petition challenging a Delhi High Court order deferring his default bail plea.

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A day earlier, the top court said the decision of the Delhi High Court granting an interim stay on the bail to Delhi Chief Minister Arvind Kejriwal in the liquor policy case without passing a final order on the matter was "unusual".

Both the observations were made by a bench of justices Manoj Misra and SVN Bhatti of the Supreme Court.

'BAIL MATTERS SHOULDN'T BE ADJOURNED UNNECESSARILY'

On Tuesday, the Supreme Court, while refusing to entertain Satyendar Jain's petition, expressed hope that the Delhi High Court would decide the default bail plea of the AAP leader "without delay".

"It goes without saying that bail prayers are not unnecessarily to be adjourned, and thus we hope and pray that the High Court takes a call on the matter when it is listed next," the Supreme Court said.

On May 28, the Delhi High Court had adjourned Jain's default bail plea hearing to July 9.

The top court made the remark after senior advocate Abhishek Manu Singhvi, representing Jain, pointed out how the AAP leader's plea was adjourned for six weeks.

"Six weeks' adjournment over the vacation. Earlier, it was held that such cases should be dealt with within a week," Singhvi said.

To this, the court remarked, "We will observe that the High Court will ensure that the matter is decided (fast)."

Jain was arrested by the Enforcement Directorate (ED) on May 30, 2022, in a money laundering case.

'HIGH COURT RESERVING ORDER UNUSUAL'

A day earlier, the same Supreme Court bench observed that the interim stay ordered by the Delhi High Court on Arvind Kejriwal's bail was "a bit unusual".

The Supreme Court said stay orders are normally not reserved and pronounced the same day.

"Normally, in a stay order, judgments are not reserved. They are passed at the hearing itself, on the spot. So, a bit unusual," Justice Misra said.

Kejriwal approached the Supreme Court after the Delhi High Court put on hold for "two-three days" the order of the trial court granting him bail.

However, the Supreme Court did not grant any immediate relief to the AAP supremo, noting that the High Court was yet to pronounce the final judgment in the matter.

"If the High Court can stay it without seeing the order, why can't your lordships stay the High Court order," Kejriwal's lawyer had said.

To this, Justice Misra said, "If the High Court has committed a mistake, should we repeat it?"

The top court said it would hear the matter on June 25 after the Delhi High Court's verdict.

Published By: Abhishek De Published On: Jun 25, 2024

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