We are overburdened ... (If the case is posted before a vacation judge) I have to cut short my vacation," the ASG argued.
"It cannot be that in a bail situation, the prosecution says because I am on vacation, a bail matter may not be heard.
The ED's reply furnished today need not be taken on record, he suggested.
Hariharan went on to re-emphasise that the ED cannot prolong the bail hearing by citing court vacations or oppose a hearing before a vacation bench.
Vacation judge Mukesh Kumar is likely to hear the matter when it comes up next.
However, Additional Solicitor General (ASG) SV Raju pointed out that a hearing tomorrow would cut into the trial court's summer break, which will start tomorrow.
"We don't only have Arvind Kejriwal matter. We have so many matters. We are overburdened ... (If the case is posted before a vacation judge) I have to cut short my vacation," the ASG argued.
This drew a sharp response from Kejriwal's counsel.
"It cannot be that in a bail situation, the prosecution says because I am on vacation, a bail matter may not be heard. It is unheard of," Hariharan said.
The ASG replied that he could argue the matter without relying on the ED's reply. The ED's reply furnished today need not be taken on record, he suggested.
Hariharan went on to re-emphasise that the ED cannot prolong the bail hearing by citing court vacations or oppose a hearing before a vacation bench.
"The department cannot shut down. It is an absurd proposition. I will be incarcerated for two weeks... Why should I be kept waiting like this?" he said.
Special Judge (PC Act) Kaveri Baweja of the Rouse Avenue Courts eventually adjourned the matter by a week and posted it on June 14. Vacation judge Mukesh Kumar is likely to hear the matter when it comes up next.
Special Counsel Zoheb Hossain also appeared for the ED today.
