Delhi HC junks PIL seeking Kejriwal's release on ‘extraordinary interim bail’

The Delhi High Court on Monday, 22 April, dismissed a Public Interest Litigation (PIL) seeking extraordinary interim bail for incarcerated Delhi chief minister Arvind Kejriwal in all the criminal cases registered against him by the central agencies, till the completion of his tenure or the trials, whichever ends earlier.

Imposing a cost of Rs 75,000 on the petitioner, a law student, a bench presided over by acting chief justice Manmohan termed the petition as "totally misconceived" and questioned his locus standi to file such a plea.

The bench, also comprising justice Manmeet PS Arora, remarked that an accused cannot be given extraordinary interim bail merely for holding high constitutional office.

It took into account the fact that CM Kejriwal remains under judicial custody pursuant to court orders and the PIL litigant does not hold any Power of Attorney on the former's behalf.

The PIL filed in the name of 'We, the people of India' sought interim relief, permitting CM Kejriwal to fulfil his official duties during working hours and granting him the freedom to visit government offices and inspect various locations while under judicial custody.

It stressed concerns over CM Kejriwal's safety while in custody, citing incidents of custodial deaths and the presence of hardened criminals in Tihar Jail.

The petitioner said that he wanted to draw the attention of the court to the 'confinement' of the AAP leader in jail, "without any conviction just because of the delay in the investigation(s) and/or trial(s) in the criminal case(s) registered against the chief minister".

Further, he contended that as a public servant, CM Kejriwal requires constant access to quality healthcare, medical experts, and heightened security, which may be compromised while in judicial custody.