The Supreme Court on Tuesday refrained from passing any direction for the early listing of Delhi chief minister Arvind Kejriwal’s plea seeking a seven-day extension of his interim bail in the ₹100-crore excise policy scandal case.

A vacation bench of Justices J.K. Maheshwari and K.V. Viswanathan, however, referred the plea to Chief Justice of India D.Y. Chandrachud to take an appropriate decision on the request.

The bench passed the order after senior advocate Abhishek Manu Singhvi urged the bench to list the matter on May 29, but the court declined.

Justice Maheshwari, heading the bench, noted that another bench having Justice Sanjiv Khanna had on May 17 reserved its verdict on Kejriwal’s appeal challenging his arrest under the PMLA Act 2002.

Justice Maheshwari said it would not be proper for his bench to pass any orders. However, Singhvi pleaded that the present plea was limited only to an extension of time, following which the bench referred the matter to the CJI.

Citing pending medical tests such as PET-CT scan and rising ketone levels, Kejriwal had sought a one-week extension of time to surrender.

The apex court, in an interim bail order on May 10, had enabled Kejriwal to campaign for the ongoing Lok Sabha polls on the condition that he would surrender by June 2 and not visit the Delhi secretariat and chief minister’s office.

A bench of Justice Sanjiv Khanna and Justice Dipankar Datta, while rejecting the vehement opposition from the Enforcement Directorate that no such interim bail can be granted to Kejriwal merely because he is a politician, had said that the chief minister should not sign any official file unless it requires the approval of the LG.

In the May 10 order, the apex court had said: “We direct that the appellant — Arvind Kejriwal — will be released on interim bail… till 1st of June 2024, that is, he will surrender on 2nd of June 2024 on the following terms and conditions:

“(a) He shall furnish bail bonds in the sum of ₹50,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent; (b) shall not visit the Office of the Chief Minister and the Delhi Secretariat; (c) shall be bound by the statement made on his behalf that he shall not sign official files unless it is required and necessary for obtaining clearance/ approval of the Lieutenant Governor of Delhi; (d) will not make any comment with regard to his role in the present case; and (e) not interact with any of the witnesses and/or have access to any official files connected with the case.”

Kejriwal was arrested on March 21 and lodged in Tihar jail until his release on interim bail on May 10.

The apex court had passed the order while dealing with Kejriwal’s appeal challenging the concurrent orders passed by the trial court and Delhi High Court upholding his arrest by the ED on March 21.

“At this stage, it is not possible for us to either conclude the arguments or finally pronounce the judgment. However, there is an intervening factor which has prompted us to consider and pass the present order, namely, 18th Lok Sabha General Elections, which are in progress.

“As the appeal is pending before us, we do not think it would be proper for us to direct the appellant Arvind Kejriwal to approach the trial court for interim bail/release. This may not be apt in view of the legal issues and contentions that are under examination and consideration before us,” the court had said.