A bench of Justices Sanjiv Khanna and Ashutosh Kumar was informed by the counsel for Aam Aadmi Party's (AAP) convenor Kejriwal that advocate Prashant Bhushan is not representing him any more so he needs more time to decide on the issue.
"Whether we will pursue the matter or not, has not been decided yet," Kejriwal's counsel said, adding that some other senior counsel will be engaged then only the Chief Minister will be able to inform the court.
On April 17, the Supreme court had stayed Kejriwal's prosecution in two criminal defamation cases, including the one filed by Gadkari, and also sought a reply from the Centre on the CM's plea challenging constitutional validity of the penal provisions.
The submission by Kejriwal's counsel came in the backdrop of the court's February 23 query whether Kejriwal is still interested in pursuing his case.
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"Are you still interested in pursuing the case? We think, now there is nothing left in it," the bench had said after the counsel for Kejriwal sought adjournment in the matter.
The court's observations had come during the hearing of Kejriwal's plea whether it is correct to seek bail bonds and sureties from people who are summoned by courts on complaints filed in cases like that of criminal defamation.
Kejriwal has challenged May 21 and 23 last year orders of a magisterial court remanding him in judicial custody for not furnishing a bail bond in the criminal defamation complaint filed by Gadkari, saying it was not mandatory and he should have been allowed to give a written undertaking instead.
The court, however, had refused to say anything on the maintainability of the petition and had posted the matter for hearing today.