New Delhi: The Delhi High Court on Monday dismissed with costs a public interest litigation by a law student seeking “extraordinary interim bail” for Chief Minister Arvind Kejriwal, who is in judicial custody in a money laundering case stemming from the alleged excise scam, calling it “totally misconceived”.
The counsel for the embattled AAP leader also opposed the PIL, asserting that Kejriwal was capable of pursuing legal remedy himself.
A bench headed by Acting Chief Justice Manmohan said the court cannot grant extraordinary interim bail in criminal cases only because the person involved holds a high office as everyone is equal before law.
“Does he (the petitioner) attend classes in college? It seems he is not following principles of law,” the bench also comprising Justice Manmeet PS Arora said.
The court remarked that 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 stated.
The court emphasised that 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 Rs 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 chief minister on the grounds that his safety was in danger as he was confined with hardcore criminals.
The PIL said that 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 India” in the plea claiming that he does not want any name, fame or money from this matter.
The petition also 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.
