The decision on stay is reserved, SC’s unusual comment, will that statement of the apex court become a precedent on bail in future

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. During this, whatever the Supreme Court said will definitely set a precedent for such cases in future. The Supreme Court clearly said that it is unusual for the High Court to reserve its decision on a petition filed for a stay on the lower court’s decision. The Supreme Court made this comment on the argument of Kejriwal’s lawyer Abhishek Manu Singhvi in ​​which he/she 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 the petition filed for a stay on any order. In such cases, the decision is immediately on the spot. This case has become unusual.

SC questions HC’s stay

This case is related to the Delhi liquor scam, in which the ED has made Arvind Kejriwal an accused. he/she 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 give 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?

The comment of the apex court 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 keep it on record. However, during this time the Supreme Court has called the High Court’s order reserved 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 Supreme Court’s comment can be important. The High Court will now definitely consider the Supreme Court’s ‘unusual’ comment before staying any decision.

Delhi High Court will also consider SC’s comment

The Delhi High Court will also definitely consider the comments of the Supreme Court while giving its decision on Kejriwal’s issue. In future also, when the petition for bail comes to the court, the comments made by the Supreme Court on Kejriwal’s petition will be seen as a precedent. Whatever the apex court said is very important. Especially the High Court’s immediate decision regarding the lower court’s decision, in which the decision on bail was stayed for three days.

Know what happened in the Supreme Court

Abhishek Manu Singhvi, the lawyer of Delhi CM Arvind Kejriwal, presented his/her arguments in the Supreme Court. he/she said that ED had filed a hearing in the High Court against the lower court’s order and during this time the High Court stayed the implementation of the lower court’s order and reserved the order. This was unexpected. The lower court’s order was in our favour. If the lower court’s order had been 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 risk of him/her fleeing. If the High Court rejects the ED’s plea, then what will be the compensation for Kejriwal’s liberty which is being affected. Singhvi further said that why should Kejriwal not be released on interim basis? The lower court’s order is in Kejriwal’s favour.

Why is the Supreme Court waiting for the HC’s decision

Justice Mishra of the Supreme Court said that if we pass the order, it will be based on preconceived notion. We want the High Court order to come till the next date is fixed. 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 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 keep your application for Wednesday. We do not want to give any opinion right now.