The decision on stay is reserved, SC's unusual comment, will that statement of the Supreme Court become a precedent on bail in future

Ananya Shroff
6 Min Read


New Delhi: 'If the High Court makes a mistake, should the Supreme Court repeat the same mistake?' The country's highest court made this comment on a petition filed against the Delhi High Court's stay on CM Arvind Kejriwal's bail. Whatever the Supreme Court said during this time will definitely set a precedent for such cases in the future. The Supreme Court clearly said that it is unusual for the High Court to reserve its decision on a petition filed to stay the lower court's decision. The Supreme Court made this comment on the argument of Kejriwal's lawyer Abhishek Manu Singhvi in ​​which he said that if the High Court can stay the order without seeing it, then why can't the Supreme Court? The apex court said that usually the order is not reserved on a petition filed to stay an order. In such cases, the decision is taken immediately on the spot. This case has become unusual.

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Supreme Court questions High Court's stay

This case is related to the Delhi liquor scam, in which the ED has made Arvind Kejriwal an accused. He is lodged in Tihar Jail in Delhi. On Thursday, Delhi's Rouse Avenue Court granted bail to Kejriwal. However, the investigating agency ED approached the High Court the very next day against the decision. The High Court stayed the lower court's decision on Kejriwal's bail in the case, and also said that it would pronounce its order in two to three days. A petition was filed by Kejriwal in the Supreme Court against this, which was heard on Monday. During this, the Supreme Court did not give any relief to Kejriwal, but the apex court definitely raised questions on the High Court's stay decision with its comment.

If HC makes a mistake, should we repeat it? What did the Supreme Court say on Kejriwal's petition?

Supreme Court's comment will set a precedent!

During the hearing, the Supreme Court said that it wanted to see the High Court's decision and postponed the hearing for two days, saying that it would be kept on record. However, during this time the Supreme Court has described the reserved order of the High Court as unusual. On Monday, the hearing was held in the Supreme Court before the bench of Justice Mishra and Justice SVN Bhati. During this, the court made such comments which can become a precedent for the future. Especially in the case of bail, the High Court calling the stay on the lower court's decision as unusual is being considered very important. In any such case, the comment of the Supreme Court can be important. The High Court will now definitely consider the 'unusual' comment of the Supreme Court before staying any decision.

Delhi High Court will also consider the remarks of the Supreme Court

While giving its verdict on Kejriwal's case, the Delhi High Court will definitely take into account the comments of the Supreme Court. In future also, when a bail petition comes to the court, the comments made by the Supreme Court on Kejriwal's petition will be seen as a precedent. Whatever the Supreme Court said is very important. Especially the immediate decision of the High Court regarding the decision of the lower court, in which the decision on bail was stayed for three days.

Know what happened in the Supreme Court

Abhishek Manu Singhvi, lawyer of Delhi CM Arvind Kejriwal, presented his arguments in the Supreme Court. He said that ED had filed a hearing in the High Court against the order of the lower court and during this time the High Court stayed the implementation of the order of the lower court and reserved the order. This was unexpected. The order of the lower court was in our favor. If the order of the lower court was reversed, Kejriwal would have gone to jail again. The Supreme Court had also granted interim bail and after that Kejriwal surrendered in jail. There is no danger of him fleeing. If the High Court rejects the petition of ED, then what will compensate for the affected freedom of Kejriwal. Singhvi further said that why should Kejriwal not be released on interim basis? The order of the lower court is in favor of Kejriwal.

Why is the Supreme Court waiting for the High Court's decision?

Justice Mishra of the Supreme Court said that if we pass the order, it will be based on preconceived notions. We want the High Court order to come before the next date is decided. We do not want to give any opinion right now. On this, Singhvi said that the High Court has stayed the lower court's order without even looking at it. If the High Court can stay the order without looking at it, then why can't the Supreme Court do so? Justice Mishra replied that if the High Court makes a mistake, should the Supreme Court also repeat the same? We will keep your application for Wednesday. We do not want to give any opinion right now.

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