New Delhi: The Delhi High Court on Monday dismissed a petition filed by a law student seeking “extraordinary interim bail” for Chief Minister Arvind Kejriwal in all criminal cases registered against him in connection with the alleged irregularities in the now-scrapped 2021-22 Delhi excise policy and imposed a fine of Rs 75,000on the petitioner.
A bench comprising acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora said that the plea was not maintainable since the petitioner, a law student who filed it on behalf of “We the People of India”, had not challenged judicial orders under which Kejriwal was in custody.
The bench said that the court in writ jurisdiction cannot grant “extraordinary interim bail” in pending cases initiated against a person holding high office.
The court also said that the plea is non-maintainable as Arvind Kejriwal is in judicial custody in pursuance of judicial orders which have not been challenged.
The petitioner said that Delhi was being administered in a headless manner, and since Kejriwal has chosen not to resign despite his arrest, his government and Cabinet ministers “are in a jammed mode.
The plea said Kejriwal is required to issue orders and directions on different issues and problems daily, which is impossible from judicial custody.
The petitioner also said that Kejriwal is confined in Tihar Jail with “hardcore criminals” facing prosecution in cases such as rape, dacoity, murder, and bomb blasts so his life is also at risk.
The bench said Kejriwal has the means to exercise his legal rights and that he has approached the Supreme Court against the high court’s order rejecting his plea for release.
Senior advocate Rahul Mehra, who appeared for Kejriwal, called the plea an “ambush and said his client has taken steps to enforce and protect his legal rights.
Kejriwal was arrested on March 21 in connection with a money laundering case related to alleged irregularities in Delhi’s New excise policy. He was sent to six-day ED custody.
On March 23, Kejriwal approached the high court saying that his arrest was politically motivated and violates his fundamental rights.
The high court on April 9 rejected his plea saying that ED has “sufficient” material to justify Kejriwal’s arrest.
Kejriwal then challenged the Delhi High Court order in the Supreme Court.
The Apex Court will hear Kejriwal’s plea challenging his arrest on April 29. It may be noted that Kejriwal has not filed any bail application in any court so far.
