Delhi HC Permits Arvind Kejriwal Two Additional Meetings With Lawyers, Says 'Special Situations Call For Special Remedies'

Observing that special situations call for special remedies, the Delhi High Court has allowed the plea moved by Chief Minister Arvind Kejriwal, who is in judicial custody in the alleged liquor policy scam, for granting two additional meetings with his lawyers through virtual conferencing in a week.

“…it is held that in recognition of fundamental right of fair trial and effective legal representation, the petitioner be granted two additional legal meetings with the Counsel through video conferencing in a week, till he is confined to Jail,” Justice Neena Bansal Krishna said.

The court said it cannot be ignored that similar relief of additional legal meetings has been allowed to co-accused Sanjay Singh in the case.

The petition was moved by Kejriwal in the money laundering case. He is also in judicial custody in the CBI case.

Kejriwal sought the relief on the ground that he is embroiled in more than 30 cases in various States. He claimed that even though he has been granted interim bail in the money laundering case by the Supreme Court recently, his relief has not become infructuous as he still continues to be in custody in other matters.

Allowing the plea, the court said that Kejriwal was seeking his fundamental right of fair trial and of legal consultation while he is confined to Tihar Jail.

“Indisputably, he has some thirty – forty cases against him in various States and is also continues to be in custody in CBI case. To confine this fundamental right to a particular case and to insist on an independent Application in each case, is not only taking a myopic view but would result in multiplicity of similar relief being asserted in different cases; in fact it can lead to utter confusion if such relief is considered a pertaining to individual case and not individual person,” the court said.

It added that to ask Kejriwal to move independent applications in each case would lead to delay but may indirectly be denying him the right of effective legal help.

“Moving of such applications in individual case is also likely to lead to multiplicity of similar applications and in fact, can result in unnecessary delay. This is significant since the cases are pending not only in Delhi but also in various other States. This technical objection of the State, therefore holds no merit,” the court observed.

It added: “Therefore, generally, the courts are slow to interfere in the matters of policy. However, when balancing the policy with the fundamental rights of the jail inmate, the request of the petitioner for two additional legal meetings with his Lawyers through video conferencing, in the given circumstance of huge number of cases pending against him, cannot be termed unreasonable.”

Kejriwal had challenged the trial court order passed on July 01 dismissing his application for two additional meetings with his lawyers in connection with the money laundering case.

In a connected development, Justice Krishna has reserved order on Kejriwal's plea challenging CBI's arrest and interim bail in the corruption case.

Counsel for Petitioner: Mr. Ramesh Gupta, Sr. Advocate with Mr. Vivek Jain, Mohd. Irshad, Mr. Rajat Bhardwaj, Mr. Karan Sharma, Mr. Sadiq Noor, Mr. Mohit Siwach, Mr. Rajat Jain & Mr. Rishikesh Kumar, Advocates

Counsel for Respondents: Mr. Amit Ahlawat, APP for State/R-1; Mr. Zoheb Hossain, Special Counsel with Mr. Vivek Gurnani, Mr. Kartik Sabharwal, Ms. Abhipriya Rai, Mr. Vivek Gaurav & Mr. Dipanshu Gaba, Advocates for ED; Mr. Abhijit Shankar, Law Officer, Tihar Jail

Title: Arvind Kejriwal v. Dept of Delhi Prisons & Anr.

Citation: 2024 LiveLaw (Del) 842

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