Excise policy case: Court reserves for June 5 order on Kejriwal's interim bail

New Delhi: A court here on Saturday reserved its order till June 5 on Delhi Chief Minister Arvind Kejriwal's interim bail plea on medical grounds after the ED opposed it saying he campaigned throughout the Lok Sabha elections but "now when he has to surrender, he suddenly claims to be ill".

The Aam Aadmi Party (AAP) national convener will have to surrender on Sunday at the Tihar jail as his interim bail granted by the Supreme Court in an excise policy-linked money laundering case expired on June 1. The Enforcement Directorate (ED), which is probing the case, made the submission before Special Judge Kaveri Baweja who reserved the order on Kejriwal's plea for June 5.

The case relates to alleged corruption and money laundering in the formulation and execution of the Delhi government's now-scrapped excise policy for 2021-22.

The judge 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 Supreme Court.

The top court had on May 10 granted 21-day interim bail to the chief minister to enable him to campaign during the Lok Sabha polls. It had directed him to surrender on June 2, a day after the last phase of the seven-phase poll gets over.

Kejriwal campaigned in Uttar Pradesh, Punjab, Delhi and Maharashtra after being released from the Tihar jail.

After the judge reserved the order, Kejriwal's counsel urged the court to pass the order on Saturday itself, considering that he has to surrender on Sunday.

The judge, however, declined the request, saying the arguments and the documents submitted by the advocates of the accused as well as the prosecution were voluminous.

During the proceedings, Solicitor General Tushar Mehta, appearing for the ED, told the court that Kejriwal made misleading claims at a press conference on Friday that he would surrender on June 2 on his own.

At a press conference here on Friday, Kejriwal said he will be surrendering on June 2. "I will leave my house around 3 pm (on Sunday) to surrender. It is possible that this time they will torture me more, but I will not bow down," he said.

Kejriwal had also alleged, "They tried to break me. They stopped my medicines while I was in jail. My weight reduced by six kg after being arrested. My weight was 70 kg when I was arrested. I have not gained weight after coming out of jail." Doctors have advised several tests and "they feel this could be a sign of some underlying medical condition", he had claimed.

The ED's counsel said in court, "Kejriwal campaigned throughout his interim bail period and now he suddenly claims he is ill. Kejriwal suppressed facts and made false statements, including about his health." Kejriwal's counsel told the court that he was ill and needed treatment.

The ED said the interim bail is not maintainable as the trial court cannot modify the order of the Supreme Court mandating Kejriwal to surrender on June 2.

"The Supreme Court order says he will surrender. That order has not been modified till date. He has to surrender. He is not on interim bail because of this court's order. He is on interim bail because of the Supreme Court order. He is asking for extension of the Supreme Court order, which is not permissible," the probe agency's counsel said.

The liberty granted to him is that he will apply for regular bail, and there is no liberty for extension of interim bail, Mehta said.

"A person who is saying that his condition is serious, look at his conduct. From the day he was released, he is campaigning everywhere and not like one minute or two minutes, it's for hours. At that time, nothing happens to his health. But when he has to surrender, he is suddenly ill," he said.

The ED alleged that Kejriwal wants to cheat the court by delaying medical tests. "If any tests are required, we'll provide all facilities in jail. If required we will take (Kejriwal) to AIIMS or any hospital," it said.

The ED's counsel, "A person who claims on TV that I may die, kidney failure etc, didn't go for a basic test since May 25? The entire system cannot be taken for a joy ride. It is a game being played by the litigant with the system. The prayers may not be granted." Polling for the seven Lok Sabha seats in Delhi was held in the sixth round of the seven-phase geenral elections.

Seeking the relief, Kejriwal's counsel told the court that despite his ill health, the AAP leader campaigned because that was the purpose for which the interim bail was granted by the Supreme Court.

"Stress due to the campaign increased his sugar level. 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 is in conformity to the ailment I have. I am not asking for interim bail for two months or three months. What is the prejudice that will cause to them," the counsel asked.

The court has, meanwhile sought ED's response by June 7 on Kejriwal's another application seeking regular bail in the case.