Delhi HC fines law student seeking Kejriwal’s release fined Rs 75000. Here is why

The PIL, filed by a fourth-year law student under the name 'We the People of India', requested relief for the Aam Aadmi Party (AAP) supremo in all criminal charges till

The Delhi High Court on Monday dismissed a petition seeking the release of Delhi Chief Minister Arvind Kejriwal on “extraordinary interim bail” and levied a Rs 75,000 fine on the law student who filed the PIL. The court cited that the Aam Aadmi Party leader is in custody by virtue of the court’s orders  

The PIL, filed by a fourth-year law student under the name ‘We the People of India’, requested relief for the Aam Aadmi Party (AAP) supremo in all criminal charges till he completes his term in office or the trials are over, as per a News18 report.

The plea argues that Kejriwal’s physical presence in his office is essential to fulfil the responsibilities of the Chief Minister, allowing him to make decisions on various issues and promptly issue orders for the welfare of the public

A Division Bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora imposed the fine on the petitioner ‘We The People of India’, noting that the petition was filed without any basis and that the petitioner lacked any power of attorney signed by Arvind Kejriwal authorizing him to file such a PIL.

“This court is of the view that the present petition is not maintainable as Arvind Kejriwal is in judicial custody in pursuance to the judicial orders which have not been challenged in the present petition,” the bench stated.

“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… Further, this court in writ jurisdiction cannot grant extraordinary interim bail in a pending criminal case initiated against a person holding high office,” the court said while dictating the order.

Senior counsel Rahul Mehra, defending Kejriwal, called the PIL “completely impermissible” and “misguided,” accusing the petitioner of exploiting the court as a political forum.

The court further chastised the petitioner, doubting their grasp of legal principles. It also asked the petitioner if he had “good attendance in law school.”

Its is to be mentioned here that the Delhi Chief Minister Arvind Kejriwal was arrested by the ED on March 21 in connection with the now scrapped Delhi Excise Policy case. The trial court extended his judicial custody until April 23 on April 15.

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