On Monday, the Delhi High Court dismissed a public interest litigation (PIL) seeking “extraordinary interim bail” for Delhi Chief Minister Arvind Kejriwal in all ongoing criminal cases until the end of his term in office or the completion of the trials.
A Division Bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora rejected the petition and imposed a ₹75,000 punishment on the petitioner. The court noted that the petition lacked merit and that Kejriwal had not authorized the petitioner’s power of attorney to file such a PIL.
“Publicity litigation” and “politically motivated”
Opposing the PIL filed by a fourth-year law student, Kejriwal’s counsel cited it as an “ambush” and termed it “publicity litigation” and “politically motivated.”
“This court is of the view that the petitioner’s claim of being the custodian of people is devoid of any basis… The petitioner holds no power of attorney on behalf of the R5 (Arvind Kejriwal) to furnish any personal bond. In the present case, R5( Kejriwal) has the means and wherewithal to file the case and proceedings, which he has done before this court as well as the apex court. Consequently, this court is of the view that no relaxation of the concept of locus standi is called for,” the court stated.
The Court also stated that Kejriwal is in jail under judicial custody due to a court order and that a public interest litigation (PIL) suit against him is not admissible.
“This court is of the view that the present petition is not maintainable as R5 (Arvind Kejriwal) is in judicial custody in pursuance to the judicial orders that have not been challenged in the present petition. Further, this court in writ jurisdiction cannot grant extraordinary interim bail in a pending criminal case initiated against a person holding high office,” the Court made it clear in its order.
The Court also noted that similar petitions filed earlier had been dismissed by the Court, and the last such petition was rejected with costs of ₹50,000.
Senior Advocate Rahul Mehra, who represented Kejriwal, successfully disputed the plea.
“We, the people of India”
The petitioner, identifying themselves as “we, the people of India,” claimed concern for the well-being of the Delhi population in the absence of an elected government head.
“The reputation of the government of the NCT of Delhi as well as the state of Delhi is going down in the eyes of the whole world due to the confinement of Respondent No. 5, i.e., the Chief Minister of the NCT of Delhi, in jail,” the plea contended.
“Completely impermissible prayers… Grant extraordinary bail in all matters. How can such a prayer be granted? Who is this person to come into this kind of matter? This is complete publicity-interest litigation. Very sorry state of affairs,” Mehta submitted.
Nonetheless, the Court acknowledged that comparable arguments had been raised in previous petitions.
“With respect to the submission that incarceration of R5 has led to hampering the functioning of the government, the same has been dealt with in this court earlier,” the bench said while rejecting the plea.
The PIL, filed by legal counsel Karan Pal Singh, stated that even if Kejriwal is exonerated of the allegations, judges cannot return the time he has spent in jail.
“The Respondent No. 5, i.e., the Chief Minister of the NCT of Delhi, may be guilty for the alleged offense(s) or may not be guilty for the same, but it is a well-established principle of law that “everyone charged with a penal offense has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense,” the plea said.
Concerns about Kejriwal’s safety
The petitioner also expressed concerns about Kejriwal’s safety, stating that he is detained with violent criminals facing crimes ranging from rape and murder to dacoity and even bomb attacks.
The petitioner cited a specific incident involving the unfortunate death of a sitting Member of Parliament, Sh. Atiq Ahmed, who, while being escorted by police in Prayagraj, was killed by only three assailants while in police custody last year. This episode demonstrates the vulnerability of those in detention and the inadequacy of escort personnel to assist effectively.
The Enforcement Directorate (ED) arrested Kejriwal on March 21 for allegedly being a “key conspirator” in a money laundering case. His detention occurred shortly after the Delhi High Court denied his request for temporary protection from arrest.
