New Delhi: A vacation bench of the Supreme Court Tuesday asked Delhi Chief Minister Arvind Kejriwal why he did not file his application seeking more time to surrender last week when one of the two judges who heard and reserved orders on his petition challenging his arrest by the Enforcement Directorate was holding court.
Justices J.K. Maheshwari and K.V. Viswanathan put the question to Kejriwal’s lawyer, senior advocate Abhishek Manu Singhvi, who mentioned the CM’s application before the two judges, requesting them to list his plea for an urgent hearing. Kejriwal wants more time to surrender owing to his frail health, the application states.
“Why did you not mention the matter when Justice Datta was here…why did you not mention it, why did you wait?” the judges asked Singhvi.
Justice Dipankar Datta was part of the two-judges bench led by Justice Sanjiv Khanna who heard Kejriwal’s petition to invalidate his arrest. On 10 May, 2024, the bench had directed Kejriwal’s release to enable him to participate in the ongoing Lok Sabha polls. A week later, it reserved orders on the CM’s petition. As per the 10 May order, Kejriwal has to surrender on 2 June.
In his application, Kejriwal has urged the top court to let him surrender seven days later, which is on 9 June, so that he can get some medical tests done in the working week after 1 June, which is also the last date of elections.
When Singhvi mentioned the application before the vacation bench Tuesday morning, both the judges showed reluctance to allow his request. Justice Maheshwari pointed out that on 17 May the bench hearing his plea had already reserved a verdict in the matter.
He said since orders are reserved, Kejriwal’s application would be referred to the Chief Justice of India (CJI), who will take a call on when to list it. Singhvi attempted to project that the application is bonafide and not an abuse of the legal process.
“That (17 May hearing) is related to the main matter. This is only for a health check-up and nothing else,” Singhvi clarified. It was then that Justice Maheshwari, after consulting Justice Vishwanathan, spoke. “Why did you not file this application last week,” he asked.
When Singhvi said that Kejriwal’s medical prescription was given to him on Saturday, Justice Vishwanathan said: “When one of the judges of that bench (which heard and reserved orders on Kejriwal’s case) was holding court till Friday, why did you not mention it?”
The bench then ordered to send Kejriwal’s application to the CJI upon which Singhvi requested it to ask its officer to seek instructions as soon as possible.
In his application before SC, Kejriwal said he suffered health-related complications during his arrest. His recent tests reports have pointed to high blood glucose levels as well as high ketone levels in urine. This indicates that in addition to increased blood sugar, he may have also developed kidney-related complications and even kidney damage.
Due to his political engagements and the fact that he had very little time at hand, the application added, Kejriwal could not get his tests done since he got released on interim bail. Presently, he is campaigning in Punjab where the elections are due on 1 June. Hence, it said, the CM would need seven days to undergo a complete medical health check-up.
(Edited by Zinnia Ray Chaudhuri)