The Delhi High Court delivered a decisive blow to public interest litigation on Monday, dismissing it with a penalty of ₹75,000. The petition, filed by a law student, sought “extraordinary interim bail” for Chief Minister Arvind Kejriwal, who is currently in judicial custody amidst allegations of money laundering linked to an excise scam. Acting Chief Justice Manmohan, leading the Bench, declared the petition as “totally misconceived,” asserting the court’s compulsion not to grant such bail to an individual holding a prominent public office.
“Does he (the petitioner) attend classes in college? It seems he is not following principles of law,” stated the Bench also comprising Justice Manmeet PS Arora.
The court remarked the AAP leader has the means to take steps to avail his legal remedies and the petitioner holds no power of attorney to make submissions on his behalf.
“Person is taking steps in accordance with law. Who are you? You have some exaggerated notion of yourself. You say you have veto power. That you will give an undertaking (to ensure Kejriwal does not influence witness),” the court mentioned.
The court asserted the concept of equality and Rule of Law were enshrined in the Constitution and Kejriwal was in judicial custody pursuant to judicial orders which were not challenged.
“Writ petition is dismissed with costs of ₹ 75,000,” the court ordered.
Senior advocate Rahul Mehra, appearing of Kejriwal, said the PIL was “ambush” litigation which was not maintainable and the petitioner has no locus.
The petitioner’s counsel sought “extraordinary interim bail” for the Delhi CM on the grounds that his safety was in danger as he was confined with hardcore criminals. The PIL said to fulfil the responsibilities of the chief minister, Kejriwal’s physical presence was required in his office and home to take quick decisions on all issues and to pass orders in the welfare of the public at large.
The petitioner, a law student, mentioned his name as, “We, the people of Bharat” in the plea claiming he does not want any name, fame or money from this matter.
The petition said the petitioner has “decided, by using his ‘veto power’, to release” on extraordinary interim bail Kejriwal in all the criminal cases lodged by the ED and CBI pending against him till the completion of his tenure and the trial.
