Delhi HC dismisses PIL seeking extraordinary interim bail to Kejriwal, imposes Rs 75k cost on petitioner

April 22, 2024

New Delhi: The Delhi High Court on Monday dismissed a Public Interest Litigation (PIL) seeking direction to grant extraordinary interim bail to Delhi Chief Minister Arvind Kejriwal in all criminal cases.

While dismissing the plea, the bench led by the Acting Chief Justice said this court writ jurisdiction cannot grant extraordinary interim bail in a pending criminal case initiated against a person holding high office.

The court said Kejriwal is in custody by virtue of the judicial order of the court. He has already challenged his arrest before the Supreme Court. He (Kejriwal) is taking steps and using remedies. Law is equal for anyone, the court said.

The bench also imposed cost of Rs 75,000 on the petitioner and ordered that the amount to be deposited with AIIMS-related funds.
The court held the view that the petitioner’s claims are fancy and devoid of any basis.

The plea stated that, to fulfill the responsibilities of the Chief Minister of NCT of Delhi, the physical presence of Arvind Kejriwal is required in his office and home 24 Hours, 7 days a week to take quick decisions for the welfare of the public at large. A Chief Minister is also required to pass so many orders/directions on different issues/problems daily, which is not possible from Jail and/or from Judicial Custody.

The plea moved by a law student further stated that a Chief Minister is also required to make inspections of various government schools/government Hospitals/government offices / Colonies of the State etc., on a daily basis just to see the actual situation of all of them, so he/she can pass proper and required orders/directions, if required, which is also not possible from Jail and/or from Judicial Custody.