The Delhi High Court on Monday dismissed a Public Interest Litigation (PIL) seeking the release of Chief Minister Arvind Kejriwal, who is currently in jail in connection with the now-scrapped excise policy case.
The bench, led by Acting Chief Justice Manmohan and Justice Manmeet Pritam Arora, also imposed a Rs 75,000 costs on the law student who filed the PIL.
“This court is of the view that the present petition is not maintainable as Arvind Kejriwal is in judicial custody in pursuance to the judicial orders which have not been challenged in the present petition,” the bench stated.
“It is important to remember that the principle of equality enshrined in the Constitution of India and the rule of law be ever so high, the law is above you… 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 said while dictating the order.
The PIL, filed by a fourth-year law student, under the name of ‘We the People of India’, sought relief for the Aam Aadmi Party (AAP) supremo in all criminal cases until he completes his tenure in office or until the trials are completed.
In his petition, the law student argued that since Kejriwal’s arrest by the federal agency on March 21, the Delhi government and its ministers “are in jammed mode,” and the administration is operating like a “headless organisation”, as per India Today report.
The plea argues that Kejriwal’s physical presence in his office is essential to fulfil the responsibilities of the Chief Minister, allowing him to make decisions on various issues and promptly issue orders for the welfare of the public.
Furthermore, the plea asserts that the safety and security of the Chief Minister cannot be guaranteed by jail authorities or police officials because they lack the necessary training. It claims that there is an ‘immediate danger’ to Kejriwal’s safety, especially since he is currently housed in Tihar jail, due to his proximity to hardened criminals.
Arvind Kejriwal Opposes Plea
While the plea was being heard, Chief Minister Arvind Kejriwal himself opposed it. The CM told the court that the PIL has no locus, and he will decide to take available legal remedies before the appropriate court and at the appropriate time.
Opposing the PIL, Delhi CM Arvind Kejriwal’s counsel, Rahul Mehra, submitted before the HC that this prayer was “ambush” litigation, not maintainable, with no locus standi.
The Court later stated that the Delhi CM can handle his legal matters himself and that the law student doesn’t have the power to make submissions for him.
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