Delhi HC dismisses PIL seeking extraordinary interim bail to Kejriwal, imposes Rs 75k cost on petitioner

Apr 22, 2024

New Delhi [India], April 22 : The Delhi High Court on Monday dismissed a Public Interest Litigation (PIL) seeking direction to grant extraordinary interim bail to Delhi Chief Minister Arvind Kejriwal in all criminal cases.
While dismissing the plea, the bench led by the Acting Chief Justice said this court writ jurisdiction cannot grant extraordinary interim bail in a pending criminal case initiated against a person holding high office.
The court said Kejriwal is in custody by virtue of the judicial order of the court. He has already challenged his arrest before the Supreme Court. He (Kejriwal) is taking steps and using remedies. Law is equal for anyone, the court said.
The bench also imposed cost of Rs 75,000 on the petitioner and ordered that the amount to be deposited with AIIMS-related funds.
The court held the view that the petitioner's claims are fancy and devoid of any basis.
The plea stated that, to fulfill the responsibilities of the Chief Minister of NCT of Delhi, the physical presence of Arvind Kejriwal is required in his office and home 24 Hours, 7 days a week to take quick decisions for the welfare of the public at large. A Chief Minister is also required to pass so many orders/directions on different issues/problems daily, which is not possible from Jail and/or from Judicial Custody.
The plea moved by a law student further stated that a Chief Minister is also required to make inspections of various government schools/government Hospitals/government offices / Colonies of the State etc., on a daily basis just to see the actual situation of all of them, so he/she can pass proper and required orders/directions, if required, which is also not possible from Jail and/or from Judicial Custody.
It also stated that there is no allegation till today that Arvind Kejriwal, Chief Minister of the NCT of Delhi and/or his family members and/or associates, etc., has threatened any witness in any manner, hence there is no possibility for the same in near future too.
Recently one more Public Interest Litigation (PIL) was moved in the Delhi High Court seeking direction from the Director General (Prisons), Prisons to provide arrangements for efficient governance of Delhi by allowing Chief Minister Arvind Kejriwal for video conferencing interaction with assembly members and cabinet ministers.
The plea also sought direction from the Union Ministry of Information and Broadcasting to restrain the media from airing alleged misleading, sensational headings related to imposing presidential rule in Delhi.
Recently, the Delhi High Court dismissed three public interest litigation seeking direction to remove Arvind Kejriwal from holding the post of Chief Minister.
While dismissing the third petition, which was filed by the former Cabinet Minister of Delhi, the court also imposed a Rs 50,000 fine on the petitioner and warned them to stop mocking the system. Costs are the only way to curb such petitions.
The bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora showed displeasure with the petitioner and stated that the Governor will take a call on this. We won't. Don't give political speeches in court. You're trying to involve us in the political thicket.
Ex-Minister in the Aam Aadmi Party Government and former MLA recently moved a petition in the Delhi High Court, seeking the removal of Arvind Kejriwal from holding the post of Chief Minister.
The petition claims a writ of quo-warranto against Arvind Kejriwal alleging that he has incurred the incapacity to hold the office of the Chief Minister of Delhi after his arrest by the Enforcement Directorate in Excise Policy.
Kejriwal was arrested on March 21 by the Directorate of Enforcement in connection with the Delhi excise policy case.
The trial court on April 15, extended the judicial custody of Arvind Kejriwal till April 23. ED alleged that the Aam Adami Party (AAP) is the major beneficiary of the proceeds of crime generated in the alleged liquor scam.