Delhi High Court Waives ₹75K Cost Imposed On Law Student For Filing PIL Seeking Release Of Arvind Kejriwal On Extraordinary Interim Bail

The Delhi High Court on Monday waived Rs. 75,000 costs imposed on a law student who filed a PIL seeking release of Chief Minister Arvind Kejriwal on “extra ordinary interim bail” in all the criminal cases registered by against him.

A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora noted that the petitioner law student tendered an unconditional apology and learnt his lesson after reading the final judgment.

The PIL was filed by a fourth year law student, under the name “We the people of India”. He had 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.

Today, the law student filed an application seeking waiver of the costs, stating that he is tendering his unconditional apology and that he has understood the judicial system of the country after reading the final judgment.

His counsel submitted that the law student is not earning and is fully dependent on his parents and thus, is not in a position to pay the costs.

“In view of the aforesaid, the costs imposed is waived,” the court said.

However, the bench directed that in the event the law student or his deponent files a fresh writ petition in the High Court, a copy of the judgment as well as today's order will be annexed.

Special counsel Zoheh Hossain appeared for ED.

The court had dismissed the PIL observing that the same was not maintainable as Kejriwal is in judicial custody in pursuance to judicial orders and has the means to approach court and file appropriate proceedings.

The bench had 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 had said.

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

The PIL had 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.”

Kejriwal, who is presently out on interim bail, was arrested by 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.

Last week, ED filed its seventh supplementary chargesheet in the money laundering case making Aam Aadmi Party and Kejriwal as accused.

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) 608