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The Supreme Court on Tuesday referred Delhi Chief Minister Arvind Kejriwal's request to urgently hear his application seeking an by a week to undergo certain medical tests to Chief Justice of India D Y Chandrachud for appropriate orders.
A vacation bench of Justices J K Maheshwari and K V Viswanathan, before which it was mentioned by Senior Advocate A M Singhvi, said it would refer it to CJI Chandrachud as the court had already heard and reserved its order on the same on May 17, as reported by IndianExpress.
Singhvi, however, pointed out that the matter in which the court had reserved an order on May 17 was Kejriwal's petition challenging his arrest and had nothing to do with the medical grounds. He urged the bench to list it for hearing Wednesday "or whatever Your Lordships convenience".
Justice Maheshwari told him, "What we will do is we will refer this to the Hon'ble Chief Justice. Let the CJI take a decision".
"I have no problem...There is urgency because I have a 20-day window for campaigning that ends. Then I have to go for the medical tests. So I wanted a 7-day extension. It is not an abuse because I am asking for 7 days only..." said Singhvi.
On Tuesday, Justices Maheshwari and Viswanathan pointed out that Justice Datta who was part of the May 10 bench was sitting as part of a vacation bench till May 24 and asked why the application was not mentioned before him.
"Why did you not mention this matter when Justice Datta was here?" asked Justice Maheshwari. "Why didn't you mention it? Why did you wait?... One of the learned members of the bench was holding court till Friday," said Justice Viswanathan.
Singhvi replied that the "prescription for tests" was "obtained...only yesterday and the day before". "I would have no problem putting it before the two learned judges on virtual also," he added.
Justice Maheshwari, however, said, "In heard and reserved matters, probably we are not supposed to do anything".