Delhi High Court Dismisses PIL Seeking Release Of CM Arvind Kejriwal On Extraordinary Interim Bail, Imposes ₹75K Costs

The Delhi High Court on Monday dismissed a PIL seeking release of Chief Minister Arvind Kejriwal on “extra ordinary interim bail” in all the criminal cases registered by against him, including the Enforcement Directorate (ED), which are pending for inquiry or trial, till completion of his tenure.

A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora said the petition is not maintainable as Kejriwal is in judicial custody and has the means to approach court and file appropriate proceedings.

"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...this court in writ jurisdiction can't grant extraordinary interim bail in pending cases initiated against a person holding high office."

The bench also found it strange that petitioner had to extend personal bond in favour of Kejriwal and undertakes that Kejriwal will not influence witnesses. "The petitioner holds no power of attorney for Respondent no. 5 (Kejriwal) to make such statements or hold personal bonds," it said.

The bench added: “Respondent no. 5 (Kejriwal) is in judicial custody and has the means and wherewithal to approach court and file appropriate proceedings which in fact he has done before this court as well as the Apex Court. Consequently, no relaxation of principle of locus standi is called for.”

Citing examples of killings of gangster Tillu Tajpuriya and Atiq Ahmed in custody, the PIL said that Kejriwal's safety and security in the Tihar jail is in danger.

The PIL was filed by a fourth year law student, under the name “We the people of India”. He has said that he has used the title just because he does not want any fame or gain. The petition was moved through Advocate Karan Pal Singh.

Senior Advocate Rahul Mehra appeared for Kejriwal and said that the prayers sought were completely impermissible.

”The person concerned (Kejriwal), if he wants, he will move it. Who is this person to file such petition? This is a publicity interest litigation, completely misguided... Very sorry state of affairs,” Mehra said.

As the petitioner's counsel made submissions, the court remarked: “He says, he is taking steps in the proceedings. He doesn't need any help of yours. He is satisfied. Who are you to help him? Are you the member of United Nations that you got the veto power?…He is saying he doesn't require your decision. He doesn't want your assistance. Leave it at that.”

The Petitioner's counsel submitted that Kejriwal, being the Chief Minister, is the decision making body and is not available from last one month due to his arrest, because of which the citizens of the national capital are suffering.

“I am not in collaboration with any party till today. My only concern is, three crore people who are residents of Delhi... I am also a registered voter. What about their children? Medicine and education? This is an extraordinary condition,” he said.

The court then remarked: “Then there should be no undertrial in custody, according to you. Does the petitioner has good attendance in law school? It seems he does not follow the principles of law….We have said earlier, at times personal interest has to be subordinate to national interest. It is the personal call of the Chief Minister…. You'll give personal bond as surety? You'll ensure he won't influence witnesses? Who are you?.... How can you say all this? We are dismissing it with costs.“

The plea stated that so many prisoners have died in jails in the national capital, just because the medical facilities and services are not provided to them on time, when the physical conditions of the inmates were critical.

The PIL stated that being the Chief Minister, there is a requirement to ensure that best health services, medical equipments and expert doctors are available for Kejriwal 24 x 7, which is also not possible under judicial custody due to security reasons of jail complex.

It added that the jail authorities and police officials cannot ensure Kejriwal's safety and security because they are not well trained for the same job.

The PIL said that the same is the job of the well trained commandos of the elite force, “which is specially instituted to save the life of the VIPs.”

“That, at the same point too, the Petitioner wants to remind this Hon'ble High Court that the safety and security of the Respondent No.5 i.e. the Chief Minister of the NCT of Delhi are in much danger, because he is confined between the hard core criminals, which are facing the criminal cases of Rape, Murder, Dacoity and even Bomb-Blast too and there is only distance of some meters and/or some walls between them,” the plea stated.

It added that there is no allegation till date that Kejriwal or his family members or associates have threatened any witness in any manner, and hence, there is no possibility for the same in near future as well.

“That, it will be very shameful and painful situation to the India as well as all the Leaders of India and institutions of India, if any person will die in Hospital(s) of the Government of NCT of Delhi, just because the required medicine was not available in Hospital due to confinement of the Respondent No.5 i.e. the Chief Minister of the NCT of Delhi. Moreover, the loss of a family person of his family cannot be compensated in any manner, whatsoever,” the plea submitted.

In the interim, the plea sought a direction to allow Kejriwal to attend his Official Government Office in the working hours on daily basis and to sign, execute and submit all document.

A further direction was sought to allow Kejriwal to visit or inspect any place or office of the Delhi Government, according to his wishes under judicial custody and to take all steps as may be necessary to perform his official duties.

Kejriwal was arrested by the Enforcement Directorate (ED) on the night of March 21. His judicial custody is expiring on April 23.

On April 10, the Delhi High Court dismissed Kejriwal's plea challenging his arrest, observing that ED was able to place enough material, statements of approvers and AAP's own candidate stating that Kejriwal was given money for Goa elections.

The Delhi Chief Minister has challenged the said order of the Delhi High Court bench of Justice Swarana Kanta Sharma before the Top Court. The Supreme Court has issues notice on the plea but refused to grant any interim relief.

AAP leaders Manish Sisodia and Sanjay Singh are also accused in the case. While Sisodia continues to remain in jail, Singh was recently granted bail by the Supreme Court pursuant to a concession given by the ED.

ED has alleged that Arvind Kejriwal is the "kingpin" of Delhi excise scam and is directly involved in the use of proceeds of crime accounting to over Rs. 100 crores.

It is ED's case that the excise policy was implemented as part of a conspiracy to give wholesale business profit of 12 percent to certain private companies, although such a stipulation was not mentioned in the minutes of meetings of Group of Ministers (GoM).

The Central agency has also claimed that there was a conspiracy that was coordinated by Vijay Nair and other individuals along with South Group to give extraordinary profit margins to wholesalers.

Nair was acting on behalf of Chief Minister Arvind Kejriwal and Manish Sisodia, according to the agency.

Title: We, the People of India v. Union of India and Others

Citation: 2024 LiveLaw (Del) 474