HC dismisses plea for Kejriwal’s ‘extraordinary’ interim bail, slaps ₹75k fine

The Delhi high court on Monday dismissed a plea 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 while slapping a ₹75,000 fine on the petitioner.

The court said 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. It said the court in writ jurisdiction cannot grant “extraordinary interim bail” in pending cases initiated against a person holding high office.

“This court is of the view that the plea is non-maintainable as Arvind Kejriwal is in judicial custody in pursuance to judicial orders which have not been challenged,” a bench of acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora said.

The plea cited the danger to Kejriwal’s safety since he is “confined” in Tihar Jail with “hardcore criminals” facing prosecution in cases such as rape, dacoity, murder, and bomb blasts. It cited “the headless manner” in which Delhi was being administered. The plea added Kejriwal has chosen not to resign despite his arrest. It said his government and Cabinet ministers “are in a jammed mode” due to Kejriwal’s absence.

The plea said Kejriwal is required to issue orders and directions on different issues and problems daily, which is impossible from judicial custody.

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. “He [Kejriwal] is canvassing his rights. Whatever legal steps are available to him, he is exercising...”

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. Mehra pointed out that the same bench dismissed pleas seeking Kejriwal’s removal following his arrest. He added one of them was dismissed with a fine of ₹50000.

Kejriwal was arrested on March 21 in connection with a money laundering probe related to alleged irregularities in the excise policy. Enforcement Directorate (ED) has called Kejriwal the “kingpin” and “key conspirator” of the alleged corruption. It accused him of acting in cahoots with ministers of his Cabinet and other leaders of his party while seeking benefit in the form of a “company”.

Kejriwal was on March 22 sent in six-day ED custody. On March 23, he approached the high court claiming his “politically motivated” arrest violated his fundamental rights. The high court on April 9 rejected his plea saying that ED has “sufficient” material to justify Kejriwal’s arrest. The Supreme Court is scheduled to hear Kejriwal’s plea against the high court order on April 29.