On 22nd April, Delhi High Court dismissed PIL seeking Aam Aadmi Party supremo and Delhi chief minister Arvind Kejriwal’s release on ‘extraordinary interim bail’. The court also imposed costs of Rs 75,000 on the petitioner while dismissing the case. The plea was submitted on behalf of the applicant by Advocate Karan Pal Singh, who happens to be the President of Naya Satta Party, a political party operating out of Delhi. Singh sough bail in all criminal charges registered by the Enforcement Directorate and the State till the completion of Kejriwal’s tenure as Chief Minister. In its order, the court pointed out that Arvind Kejriwal is in judicial custody by virtue of the court orders.
Order: With these observations, the writ petition is dismissed with costs of ₹75,000.
— Bar and Bench (@barandbench) April 22, 2024
The plea was filed by a fourth-year law student under the name of “We the People of India”. The court said it was not maintainable as the courts in its writ jurisdiction cannot grant extraordinary interim bail in pending cases against a person holding high office.
Delhi High Court questioned applicant if he was member of the United Nations
The matter was heard by a bench led by Acting Chief Justice Manmohan. Notably, Advocate Rahul Mehra, appearing for Arvind Kejriwal opposed the plea submitted for Kejriwal’s release. Mehra called it “impermissible prayers” and called it “sorry state of affairs”. He also pointed out that the applicant’s father is the president of a political party and asserted he wanted to make the court a “political forum”.
Mehra: Completely impermissible prayers.. Grant extraordinary bail in all matters… How can such a prayer be granted. Who is this person to come in this kind of matter. This is a complete publicity interest litigation. Very sorry state of affairs.
— Bar and Bench (@barandbench) April 22, 2024
Mehra informed the court that he is taking required steps in the matter which was told to the counsel of the applicant by the court. Furthermore, Rahul Mehra clearly pointed out that Kejriwal did not need any assistance from the applicant in the matter.
Counsel: he holds 8 portfolios..
— Bar and Bench (@barandbench) April 22, 2024
Court: He has filed a petition in SC. he is taking steps. It is not as if he is not represented. He is taking his remedies. How do we overcome the judicial orders? There is order of single-judge of this court and the trial court. How do we…
The court asked the applicant “Who are you to help him? How do you get a veto power? Are you a member of the United Nations?”
Court: He (Mehra) is appearing for the CM. He says he is taking steps. He says he does not want any help from you. Who are you to help him? How do you get a veto power? Are you a member of the United Nations?
— Bar and Bench (@barandbench) April 22, 2024
Counsel appearing for the applicant claimed that due to the arrest of Kejriwal, the entire government has stopped working in Delhi as CM is the head of the government. He further pointed out that there were reports that there was shortage of medicines in the hospitals that come under Delhi Government.
Counsel: I read that medicines are not available in govt hospitals. This is the main question and my main concern. I do not want any publicity that is why i did not mention my name. My party is not participating in any election.
— Bar and Bench (@barandbench) April 22, 2024
When pointed out that Singh is founder of a political party, the counsel claimed that his party was not participating in any elections. He added, “My only concern is that 3 crore people of Delhi in which 1.59 crore people are registered voters… what about their children, their education and medicine.”
The court dismissed the case and imposed costs of Rs 75,000. The court said, “This court is of the view that the present petition is not maintainable as R5 is in judicial custody in pursuance to the judicial orders which have not been challenged in the present petition. Further, this court in writ jurisdiction cannot grant extraordinary interim bail in a pending criminal case initiated against a person holding high office.”
Order: This court is of the view that the present petition is not maintainable as R5 is in judicial custody in pursuance to the judicial orders which have not been challenged in the present petition. Further, this court in writ jurisdiction cannot grant extraordinary interim bail…
— Bar and Bench (@barandbench) April 22, 2024
The court added that “it is important to remember the principles of equality enshrined in the constitution and the basic rule of law be ever so high, the law is above you. This is imperative to retain public confidence in the constitution of India.”
The court said, “The court is in view that the petitioner’s claim of being custodian of people is devoid of any basis”, and he holds no power of attorney on behalf of Kejriwal to furnish any personal bond. Furthermore, the court pointed out that Kejriwal has the means and wherewithal to file the case which has already been done.
Order: In the present case R5( Kejriwal) has the means and wherewithal to file the case and proceedings which he has so done before this court as well as apex court.
— Bar and Bench (@barandbench) April 22, 2024
The Delhi High Court added that all the submissions mentioned in the plea have already been dealt with by the Delhi High Court.
Arrest of Delhi CM Arvind Kejriwal
On 21st March, ED went to Arvind Kejriwal’s residence in the evening for questioning. Later, he was arrested by the investigating agency in the Delhi Excise Policy Scam. Kejriwal was presented in the court the next day where ED got his custody. AAP has claimed that Kejriwal’s arrest was politically motivated and illegal. However, his appeal in the court for interim relief was rejected.
Delhi Excise Policy Scam
In November 2021, the Delhi Government introduced a new liquor policy. In June 2022, the Delhi Pradesh Congress Committee filed a complaint against the new Delhi Excise policy. In July 2022, the Chief Secretary of Delhi flagged the anomalies in it. Delhi LG requested CBI to initiate a probe and ED joined the investigation by registering the matter under PMLA. Since then, multiple arrests have been made, including Delhi CM Arvind Kejriwal and his former deputy Manish Sisodia.
