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ED opposes Arvind Kejriwal's interim bail plea, says he gained 1 kg; next hearing on June 5
Arvind Kejriwal, in a video statement on Friday, said he would surrender before the Tihar Jail authorities on June 2, as ordered by the Supreme Court.
The Enforcement Directorate on Saturday opposed Delhi chief minister Arvind Kejriwal's application seeking an extension of his interim bail granted by the Supreme Court last month, claiming the Aam Aadmi Party (AAP) chief made false statements about his health. The agency, which arrested Kejriwal on March 21 in connection with the Delhi excise policy case, refuted the politician's claim that he lost six kilograms since he was incarcerated.
The Delhi court posted the matter to June 5, which means Kejriwal will have to surrender before the Tihar Jail authorities on June 2, as ordered by the Supreme Court.
On Friday, addressing the people of the nation, Kejriwal claimed the sudden weight loss could be an indication of a serious disease.
Kejriwal had sought an extension of his interim bail from the Supreme Court. However, the apex court's office refused to accept his plea, saying he had the liberty to move the trial court seeking regular bail. Later, the Delhi chief minister applied for a regular bail in Delhi's Rouse House court.
Referring to Kejriwal's claim that he needed seven days to undergo a battery of medical tests to rule out the possibility of a disease, the Enforcement Directorate argued in the court that the former suppressed the nature of these tests.
The agency claimed Arvind Kejriwal has gained one kilogram of weight. It said instead of getting his medical tests done, he was travelling across the country.
Also read: Arvind Kejriwal to surrender on June 2, claims 'have signs of a serious disease'
The agency also questioned the maintainability of Arvind Kejriwal's plea seeking an extension of his interim bail. It argued that the Supreme Court had granted him the liberty to seek regular bail, not the extension of interim bail.
Solicitor general Tushar Mehta pointed out that Kejriwal had declared yesterday that he would surrender on Sunday.
"Is he taking a chance before surrendering? He is not voluntarily surrendering. We were misled by yesterday's press conference," Mehta said, per Bar and Bench.
Mehta said Kejriwal's statement was misleading. He added that the Supreme Court's direction on the date of surrender cannot be modified.
Additional Solicitor General SV Raju, appearing for ED, said for the grant of bail, Kejriwal would have to be in custody first.
"He has to surrender first, either he has to be in custody or he has to be deemed to be in custody and no order is there for the same…So interim bail is not maintainable," he added.
Mehta said: “There is a mandate of the Supreme Court that you shall surrender on 2nd June. My submission is that only the court can modify this direction, and therefore he approached the Supreme Court first and without declaring the same before this court.”
He added that the petitioner had been economical with truth and did not inform his counsel that he announced the date of his surrender.
