NEW DELHI: The Delhi high court on Monday rejected a PIL seeking direction to grant ‘extraordinary interim bail‘ to Delhi chief minister Arvind Kejriwal in all the criminal cases.
A division bench of acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, upon dismissal of the PIL fined the petitioner with Rs 75,000.
The bench headed by the acting Chief Justice of Delhi, while passing the order, said that the court cannot grant extraordinary interim bail in a pending criminal case initiated against a person holding high office.court said that someone is in custody by virtue of the judicial order of the court and that the challenge is presently before the Supreme court.
“This court is of the view that the petitioner’s claim of being custodian of people is devoid of any basis… The petitioner holds no power of attorney on behalf of the Arvind Kejriwal to furnish any personal bond. In the present case Kejriwal has the means and wherewithal to file the case and proceedings which he has so done before this court as well as apex court. Consequently, this court is of the view that no relaxation of concept of locus standi is called for,” the court said.
The court further said that Kejriwal is in jail under judicial custody pursuant to a court order and a public interest litigation (PIL) petition against the same is not maintainable.
“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. 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 in its order.
A division bench of acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, upon dismissal of the PIL fined the petitioner with Rs 75,000.
The bench headed by the acting Chief Justice of Delhi, while passing the order, said that the court cannot grant extraordinary interim bail in a pending criminal case initiated against a person holding high office.court said that someone is in custody by virtue of the judicial order of the court and that the challenge is presently before the Supreme court.
“This court is of the view that the petitioner’s claim of being custodian of people is devoid of any basis… The petitioner holds no power of attorney on behalf of the Arvind Kejriwal to furnish any personal bond. In the present case Kejriwal has the means and wherewithal to file the case and proceedings which he has so done before this court as well as apex court. Consequently, this court is of the view that no relaxation of concept of locus standi is called for,” the court said.
The court further said that Kejriwal is in jail under judicial custody pursuant to a court order and a public interest litigation (PIL) petition against the same is not maintainable.
“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. 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 in its order.
Source Agencies
