ASG Raju also echoed SG Mehta’s submission that the interim bail plea was not maintainable before the trial court.
“The (Supreme Court) order categorically says he will surrender by June 2. The SC order has not been modified till date … He is technically asking for extension of interim bail granted by the SC and that is not permissible … He must be in custody for (filing for) interim bail. He is not in custody today,” Raju contended.
ASG Raju added that if the trial court was going to consider the plea for interim bail on merits, the rigours of Section 45 of the Prevention of Money Laundering Act (PMLA) would apply.
In other words, the ASG contended that the trial court will have to examine whether or not there is a prima facie case made out against Kejriwal and whether he is likely to commit a money laundering offence while out on bail.
“If he (Kejriwal) wants interim bail without deciding rigours of Section 45, then, he should have gone to the High Court,” Raju said.
He also asserted that Kejriwal had failed to disclose that he was denied any extension of interim bail when he approached the Supreme Court for the same.
“He has a duty to disclose that. It is deliberately missing. On suppression of facts also, the petition is liable to be dismissed,“ the ASG asserted.
He added that Kejriwal was making up health conditions to continue remaining out of prison on bail.
“He does not have kidney disease. It would have required dialysis. All this is a figment of his imagination. This is all bogus … If any tests are required, we will provide all the facilities in jail. We will take him to AIIMS if required … If a person is seriously ill, he cannot campaign like this,“ ASG Raju said.
Source: Barandbench
