A fourth-year law student's request for Chief Minister Arvind Kejriwal's release was denied by the Delhi High Court on.
"Extra ordinary interim bail".
In a nutshell:
- The Delhi High Court rejects a PIL asking for Arvind Kejriwal's temporary release.
- Law student's petition is referred to as "publicity litigation" by Kejriwal's attorney.
- Petitioner faces costs of Rs 70,000 from the court.
A Public Interest Litigation (PIL) asking for Chief Minister Arvind Kejriwal's release on "extraordinary interim bail" in all criminal proceedings against him was dismissed by the Delhi High Court on Monday, April 22.
'We the People of India', a fourth-year law student, filed the PIL, which demanded Kejriwal's release from the Enforcement Directorate's money laundering investigation related to the now-canceled Delhi excise policy.
But the Delhi Chief Minister himself rejected the PIL, calling it a "ambush" and asking for bail for Kejriwal. The petition was derided by Kejriwal's attorney as "publicity litigation" and "politically motivated" in addition.
"This is ambush litigation. How can they move such a plea? Prayer is completely impermissible! If he [Kejriwal] wants to move it, he will move it. Who is the petitioner to file this? He is a fourth-year law student. The plea says his father has a regional political party, completely politically motivated! Very sorry state of affairs,"
stated renowned attorney Rahul Mehra, who was representing Kejriwal.
The writ petition was denied by a division bench headed by Acting Chief Justice Manmohan and comprising Justice Manmeet Pritam Singh Arora. The petitioner was also fined Rs 70,000.
“The petitioner's assertion that they speak for all Indians is only wishful thinking without any substance,”
the bench looked on. It said that as Kejriwal is in judicial custody and has the ability to approach the court and file the necessary paperwork, the law student's plea is not maintainable
"In pending criminal prosecutions brought against a person holding a high position, the High Court lacks the authority to grant extraordinary interim bail in writ jurisdiction. It's critical to remember the Constitution's definition of equality. Maintaining public trust in the Indian Constitution is crucial," the two-judge panel ruled.
WHAT WAS THE PIL ABOUT?
The law student said in their plea that the Delhi government and its ministers "are in jammed mode" and the administration is operating like a "headless organization" following Kejriwal's arrest by the ED on March 21.
It claimed that in order for Chief Minister Kejriwal to carry out his duties, he must physically be present in his office to make decisions on all matters and to give directives quickly for the good of the general public.
The request went on to say that because they are not properly educated for this, "jail authorities and/or police officials cannot ensure" the Chief Minister's safety and security. It says that because Kejriwal is close to seasoned criminals, there is an immediate risk to his safety and security.
