The Delhi High Court, on Monday, April 22, rejected a Public Interest Litigation (PIL) requesting the release of Chief Minister Arvind Kejriwal on an “extraordinary interim bail” in all criminal cases against him.
PIL Dismissal
The PIL, filed by a fourth-year law student representing ‘We the People of India’, sought Kejriwal’s release from various criminal cases, including the Enforcement Directorate’s money laundering case related to the defunct Delhi excise policy. However, Kejriwal opposed the petition, labeling it an “ambush” and dismissing it as “publicity litigation” and “politically motivated”.
Court’s Decision
A division bench, led by Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, dismissed the writ petition and fined the petitioner Rs 70,000. The bench deemed the petitioner’s claim of representing the people of India as baseless and stated that Kejriwal, being in judicial custody, had the means to approach the court for appropriate proceedings.
Reasoning Behind Dismissal
The court emphasized that in the writ jurisdiction, extraordinary interim bail cannot be granted in pending criminal cases against a person holding a high office. Upholding the principle of equality in the Constitution, the bench stressed the importance of retaining public confidence in India’s constitutional framework.
Nature of the PIL
The petitioner argued that since Kejriwal’s arrest by the ED, the Delhi government’s functioning had been affected, claiming the administration was working like a “headless organization”. It contended that Kejriwal’s physical presence was necessary to address public welfare issues and expressed concern over his safety in custody due to proximity to hardened criminals. However, the court found these arguments unsubstantiated and dismissed the PIL.
