Delhi CM Arvind Kejriwal did not get relief from the court, will have to surrender in Tihar Jail tomorrow
Delhi Chief Minister Arvind Kejriwal has not got relief from the court. The court has not given a decision on his interim bail petition. The decision on the petition will be announced on June 5. In view of this, Kejriwal will have to surrender by going to Tihar Jail tomorrow on June 2. Actually, the court had released Arvind Kejriwal on interim bail of 21 days for election campaign on May 10. His bail is ending on June 2 and he has to surrender on Sunday.
However, before this, Kejriwal has pleaded to extend the interim bail for 7 more days, citing his poor health and medical test. The hearing on this petition was held in the court on Saturday. ED opposed the extension of Kejriwal’s interim bail. N Hariharan appeared for Kejriwal in the court and ASG SV Raju for the investigating agency ED. Solicitor General Tushar Mehta also joined online for the hearing. He argued that yesterday on Friday, Kejriwal had said in a press conference that he would surrender on June 2. He did not say that he would wait for the court’s order. He is misleading the court by giving such statements.
After hearing lengthy arguments from both sides, Judge Kaveri Baveja of Rouse Avenue Special Court said that the hearing is over. Now the court will pronounce its verdict on interim bail on June 5.
Earlier, while pleading for Arvind, N Hariharan said that is the ED trying to suggest that a person who is ill or whose medical condition is bad will not get any treatment? This is my right under Article 21. The Supreme Court had given us the freedom to file a bail application. On that basis, we have sought regular and interim bail. The lawyer told the court that Kejriwal is not seeking regular bail but interim bail at the moment due to his health condition. He has been suffering from diabetes since 1994. He takes insulin daily.
He cited that my sugar level has been low for the last 30 years. I take 54 units of insulin daily. My health is not good. It is my right to get treatment for my health. We have placed all the reports before the court.
Hariharan stressed that Article 21 of the Constitution gives me the right to live a dignified life. My health and medical condition are not good. In such a situation, it is absolutely wrong for the ED to say that my petition is not worth hearing. This court can consider bail. The Supreme Court is aware of this. That is why they have given me the freedom to go to this court for bail. The Supreme Court knows that if this is not done then I will be deprived of any kind of legal remedy.
Kejriwal’s lawyer argued that the Constitution says that there should be free and fair elections. My party is one of the six national parties. I am the national convener and star campaigner of the party. I have to go to different parts of the country. Bail was granted for campaigning. If I had not done this, they would have said that you did not campaign for even a single day. That is why I campaigned even in this condition. After the election campaign, the sugar level is fluctuating. This can be very dangerous. The worrying thing was that the ketone level increased dramatically. This is an indication that the kidney is not functioning normally.
On this, ASG Raju said that Arvind is campaigning in different parts of the country. Here, there is a health issue. We are not saying that interim bail cannot be granted. We are saying that without following Section 45 PMLA, this court cannot grant interim bail. He could have sought bail in the Supreme Court on the basis of health. It is wrong to say that he has lost weight. His weight has increased. Arvind is misleading the court by arguing that he has lost weight.
ASG SV Raju said that his test can be done in an hour or even less. This test does not last for several days. Arvind’s blood has not been tested, only urine has been tested. Arvind is saying that my condition is not good. But you see, he is continuously campaigning for elections. He is campaigning for many hours. He says that the ketone level has increased. Kidney is not the only reason for increased ketone level. If there is an infection in the urinary tract, it can increase. He does not have kidney disease. Kidney disease requires dialysis. This is all his imagination. This is all a lie.
ASG Raju said that the urine report is of May 20. The consultation with the doctor is of May 24. He did not consult the doctor for four days. Why? We will provide Arvind all kinds of medical facilities in jail. If there is a need to take him to AIIMS, we will take him there as well. Kejriwal wants to deceive the court by delaying the investigation. He also delayed filing the application. He said that it takes seven days for a Holter test. This is a completely shocking fact. ASG Raju argued that if a person is seriously ill, he cannot campaign like this. If Kejriwal is really ill, we will take good care of him. He campaigned all over India. But he did not face any problem then. A person who is giving fabricated reasons by making excuses of illness cannot be given interim bail.
SG Tushar Mehta said that Arvind has not suddenly developed any disease. He was already suffering from diabetes. If he was really concerned about his health, he would have got himself tested earlier. SG Mehta said that this is not a very unusual thing. About 50% of people in India suffer from diabetes. Anyway, the election campaign ended on May 30. His test was done on May 25. There is no explanation in the petition about what happened from the day he got bail till May 25. This argument that his weight has suddenly decreased is imaginary. Anyway, 64 kg weight is normal for a person of 5 feet 5 inches.
The court asked Kejriwal’s lawyer Hariharan how much time does all these tests take? And what is the justification for extending the period by 7 days? The court asked Kejriwal’s lawyer about Holter test, why seven days for these tests? On this, Kejriwal’s lawyer Hariharan said that Holter test has to be done. Then PET-CT and many other tests have to be done.
SG Mehta said that Kejriwal suddenly started revealing things from hide and seek. He has not even informed his lawyer Hariharan about yesterday’s press conference in which he said that I am going to surrender on June 2. This is a game being played with the judicial system.
On this, Hariharan said that suppose if something dangerous comes out in the PET scan, then immediate steps will have to be taken. That is why I have asked for seven days. If the court feels that 5 days or 4 days are enough, then it does not matter. We have no prejudice. Have sympathy for a person who is unwell. If you feel that seven days are too much, then the court can extend the interim bail to 5 days. SG said that you cannot play with the judicial system.
