SC refers Kejriwal’s bail extension request to CJI

Update: 2024-05-28 18:58 GMT

New Delhi: The Supreme Court announced on Tuesday that the Chief Justice of India will decide on the urgent listing of Delhi Chief Minister Arvind Kejriwal’s plea seeking a seven-day extension of his interim bail for medical tests. The verdict in the main case has already been reserved.

A vacation bench comprising Justices JK Maheshwari and KV Viswanathan declined to list Kejriwal’s interim plea independently and questioned why it wasn’t mentioned last week when Justice Dipankar Datta, part of the main bench led by Justice Sanjiv Khanna, was on the vacation bench.

“Why did you not mention it when Justice Datta was sitting on the vacation bench last week? Let the Hon’ble CJI take a decision as it raises the issue of propriety... we will send it to the CJI,” the bench said.

Senior advocate Abhishek Singhvi, representing Kejriwal, explained that the prescription was issued the day before yesterday, which is why it couldn’t be mentioned earlier.

“I don’t mind if it is listed before that bench (of Justice Khanna and Justice Datta) even virtually,” Singhvi said.

The bench noted: “Since the bench of Justices Khanna and Datta, which granted interim bail till June 1 to Kejriwal, has reserved the verdict on the main petition, it would be appropriate to place his time extension application before the CJI for appropriate orders.” On May 26, Kejriwal filed the plea seeking a seven-day extension of his interim bail to undergo various medical tests, including a PET-CT scan, due to “sudden and unexplained weight loss, coupled with high ketone levels,” which could indicate kidney, cardiac ailments, or even cancer.

Kejriwal’s plea stated that he would surrender before jail authorities on June 9 instead of June 2, the original date for his return to prison.

“The appellant prays for an extension of his interim bail by a week, during which the appellant can get the prescribed tests done and obtain results of the same. The appellant will get all these tests done in the working week from June 3 (Monday) to June 7 (Friday) and then surrender on the weekend, i.e. June 9,” the plea stated.

The Supreme Court had granted Kejriwal a 21-day interim bail on May 10 to enable him to campaign for the Lok Sabha polls. He was arrested in a money laundering case linked to the excise policy ‘scam.’

The court directed that Kejriwal must surrender on June 2, a day after the last phase of the seven-phase election.

The plea mentioned that during his incarceration from March 21 to May 10, Kejriwal experienced numerous health issues, partly due to the “negligent and callous behaviour of jail authorities.” He lost around six to seven kilograms and has not regained the weight since his release.

Recent medical reports confirmed high blood glucose and ketone levels, suggesting possible kidney complications and damage. Following a health check-up by a senior physician from a private hospital, Kejriwal was advised to undergo extensive tests, including a whole-body PET-CT scan and Holter Monitor Test, to rule out malignancies and identify any heart irregularities.

The tests, requiring five to seven days, are crucial as the unexplained weight loss and symptoms could indicate severe health conditions, including potential life-threatening issues. Early detection is essential for preventing disease progression and associated risks, making these tests vital for Kejriwal’s health, the plea argued.

The court, while granting interim bail on May 10, restricted Kejriwal from visiting his office or the Delhi secretariat and signing official files unless necessary for obtaining the lieutenant governor’s approval. The case pertains to alleged corruption and money laundering related to the now-scrapped Delhi excise policy for 2021-22.

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