The Delhi High Court on Monday dismissed a public interest litigation (PIL) filed by a law student seeking “extraordinary interim bail” for Chief Minister Arvind Kejriwal, currently in judicial custody in relation to a money laundering case linked to an alleged excise scam.
The Bench
A bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora deemed the petition “totally misconceived,” asserting that the court cannot grant “extraordinary interim bail” to a high office holder.
“It seems he is not following principles of law,” remarked the bench, questioning whether the petitioner attends college classes.
The court noted that the AAP leader possesses the means to pursue legal remedies and emphasized that the petitioner lacks the authority to make submissions on his behalf. “Who are you to claim veto power or make undertakings regarding the influence on witnesses?” the court queried, highlighting the principles of equality and the Rule of Law enshrined in the Constitution. Kejriwal’s detention was upheld as per judicial orders, which remained unchallenged.
The court also imposed a fine of Rs 75,000, emphasizing that the PIL was an instance of “ambush” litigation, lacking maintainability and the petitioner’s standing.
Kejriwal’s Representative
Senior advocate Rahul Mehra, representing Kejriwal, asserted that the PIL lacked merit and the petitioner had no locus standi. The petitioner’s counsel sought extraordinary interim bail for the Delhi chief minister, citing concerns over his safety among hardcore criminals.
The PIL argued for Kejriwal’s physical presence in office and home to expedite decision-making and welfare orders for the public. The petitioner, identified as “We, the people of India,” disclaimed any personal gain from the matter, expressing only a desire to act in the public interest.
Additionally, the petition proposed the use of the petitioner’s “veto power” to secure extraordinary interim bail for Kejriwal in all pending criminal cases filed by the ED and CBI until the completion of his tenure and trial.
