The Delhi High Court on April 22 dismissed a plea seeking the release of Aam Admi Party leader Arvind Kejriwal on “extraordinary interim bail” till the completion of his term as Delhi Chief Minister, ANI reported.
The request for “extraordinary interim bail” was for Kejriwal's release in all criminal cases registered by the Enforcement Directorate (ED) and the state, till the completion of his tenure.
The public interest litigation was filed by a law student for Kejriwal, who is in judicial custody for a money laundering case stemming from the alleged Delhi excise policy scam.
The court was of the view that the plea filed by the law student under the name of “We the People of India” is not maintainable and courts in its writ jurisdiction cannot grant extraordinary interim bail in pending cases initiated against a person holding high office.
A bench led by Acting Chief Justice Manmohan stated that the petition was "totally misconceived." The court asserted that it cannot grant "extraordinary interim bail" to a high office holder, PTI reported.
"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 added that Kejriwal has access to legal remedies and that the petitioner lacks the authority to represent him. It dismissed the notion that the petitioner held any significant power.
"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 reiterated the principles of equality and the Rule of Law enshrined in the Constitution. It emphasised that Kejriwal's judicial custody followed unchallenged court orders, PTI reported.
The court dismissed the writ petition and ordered the petitioner to pay ₹75,000 in costs.
The PIL cited safety concerns for Kejriwal, stating that he was confined with hardcore criminals. It argued that his physical presence was necessary to fulfil his duties as Chief Minister.
The petitioner, a law student identified as "We, the people of India," disclaimed any personal gain from the matter.
(With inputs from PTI and ANI)
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