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The Delhi High Court on Monday dismissed a Public Interest Litigation (PIL) seeking the release of Chief Minister Arvind Kejriwal on “extraordinary interim bail” in all criminal cases registered against him. The court also imposed a cost of Rs 75,000 on the law student who filed the petition.
The division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora noted that no one is above the law and that Kejriwal is in judicial custody by virtue of court orders.
The petitioner, a fourth-year law student who filed the PIL under the name “We the people of India,” argued that there is no one to address the public’s problems, calling it an “extraordinary situation.” He sought Kejriwal’s interim bail until the completion of his tenure as Chief Minister.
However, Kejriwal’s lawyer, Senior Advocate Rahul Mehra, opposed the PIL, terming the prayers as “completely impermissible prayers.”
During the hearing, the bench questioned the petitioner’s locus standi, asking, “Who are you to help him? Are you a member of the United Nations that you got the veto power?”
The petitioner’s counsel persisted, citing the 3 crore residents of Delhi and their need for a functional Chief Minister to approve matters related to medicine and education.
Kejriwal’s lawyer countered, alleging that the petitioner’s father is the president of a political party, and the court was being used as a political platform.
The bench remarked, “Law is above you? Law is common for all. Law is the same for everyone,” reiterating that Kejriwal is in judicial custody under judicial orders and has the means to approach the court himself.
In its order, the court stated, “This court is of the view that the petition is not maintainable as Kejriwal is in judicial custody under judicial orders. Further, this court in writ jurisdiction can’t grant extraordinary interim bail in pending cases initiated against a person holding high office.”
The court also noted, “This court is of the view that the petitioner’s claim to be the custodian and representative of people of India is devoid of any basis.”
Kejriwal is currently in judicial custody in connection with the Enforcement Directorate’s money laundering case related to the now-scrapped Delhi Liquor Policy.
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