Arvind Kejriwal to be back in jail as no relief from Delhi court : Here’s what CM’s lawyer and ED argued

Delhi Chief Minister Arvind Kejriwal will on Sunday return to jail after the city court reserved the order till June 5, on the interim bail plea moved by the Aam Aadmi Party (AAP) leader on medical grounds.

Kejriwal is seeking interim bail for a week on health grounds. His interim bail granted by the Supreme Court for campaigning in the Lok Sabha polls ends on June 1. The apex court has asked him to surrender on June 2.

Kejriwal will be back in the Tihar Jail on June 2 in the excise policy case.

Reserving the order, Special Judge Kaveri Baweja observed that the application was for grant of interim bail on medical grounds and not for the extension of the interim bail granted by the apex court.

Also Read: Delhi Excise Policy Case: ‘I have to surrender on June 2’, says CM Arvind Kejriwal

The Enforcement Directorate has opposed the bail plea.

Solicitor General Tushar Mehta, appearing for the Enforcement Directorate, told Special Judge Kaveri Baweja that Arvind Kejriwal made misleading claims at a press conference on Friday that he is going to surrender on June 2.

Additional Solicitor General (ASG) SV Raju, appearing for ED, alleged that Kejriwal wants to cheat the court by delaying the tests. 

Also Read: ‘His health did not stop him from campaigning’: ED tells Delhi court on Arvind Kejriwal's bail plea | Key updates

What ED argued opposing bail plea

• This court cannot modify the Supreme Court order. Kejriwal is on interim bail because the SC granted it. What he is asking here is an extension of the Supreme Court order.
• We are not saying that interim bail can't be granted. We are only saying without complying with section 45 PMLA, interim bail can't be granted by this court. They'll have to go to a different court, reported Live Law, quoting ASG SV Raju.
• The Supreme Court had granted liability to him so that he can file regular bail, but the liberty to seek an extension of interim bail was not granted to him.
•  He has said that these tests require 7 days, but the nature of the test has been suppressed.
• Arvind Kejriwal is campaigning in different states. He has not even done a medical test, and at the time of surrender, he is seeking interim bail on medical grounds.
• These are tests which can be conducted in an hour or so. It doesn't require elaborate tests running into days.
• Diabetes, he had earlier. This is not a medical condition which commenced suddenly.
• When he entered jail, his weight was 64 kgs. And then his weight is 65 kgs. Where is the weight loss?
• Kejriwal wants to cheat the court by delaying the tests.
• If any medical test is required, it will be provided inside jail; Kejriwal will be taken to AIIMS or another hospital if required.
  
  Also Read: SC rejects Arvind Kejriwal's plea for bail extension in Delhi excise policy case

What Arvind Kejriwal's lawyer argued

• It's not a plea for an extension of the SC order, it is an application for medical bail.
• The interim bail was for the purpose of campaigning for my party (AAP) which is a national party.
• The prayer is grant interim bail for one week. Bail application was filed for which liberty was given. In that interim bail was also moved. I am referring to a judgment of SC.
• I am out for 20 days and had I not done it, you would've said see he didn't campaign and fell ill.
• Today, when I (Kejriwal) go back to jail without tests being done, I am subjecting myself to risks.
• This is only to ensure the fact that the treatment given to me (Kejriwal) is in conformity to the ailment I have.
• On court asking Hariharan about the tests, the timing they require and why do you need 7 days?, the lawyer said, “The halter test takes place for around 72 hours. They monitor... The device is installed and there is constant monitoring. He will be subjected to halter, then there will be another test.... PET scan. There will be some other tests as well.”