Today(on 20th May),The Delhi High Court has rescinded the Rs. 75,000 fine imposed on a law student who filed a PIL seeking interim bail for Chief Minister Arvind Kejriwal, following the petitioner’s unconditional apology. The Division Bench earlier imposed the fine on April 22, deeming the petition’s submissions contrary to facts and legally unsustainable.
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NEW DELHI: Today(on 20th May), The Delhi High Court has dropped the fine of Rs. 75,000 imposed on a law student who had filed a public interest litigation (PIL) seeking extraordinary interim bail for Delhi Chief Minister Arvind Kejriwal. The petitioner had tendered an unconditional apology, leading to the court’s decision. The Division Bench, consisting of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, had earlier imposed the fine on April 22 while dismissing the PIL, stating that the submissions made in the petition were contrary to the facts and untenable in law.
The petitioner filed an application seeking waiver of costs, stating that he had now understood the judicial system and learned his lesson. The petitioner’s counsel also expressed that an unconditional apology was being tendered. Considering these submissions, the Court decided to waive the costs imposed on the petitioner.
The Bench ordered-
“If the petitioner initiates any further proceedings, they are required to present both the April 22 judgment and today’s order to the Court.”
This indicates that the court wants to ensure that the previous judgment and the current order are taken into account if the petitioner decides to initiate any new proceedings in the future.
ALSO READ: PIL Against Arvind Kejriwal’s Arrest Not Maintainable: Delhi HC
Background:
The petitioner had filed the PIL under the name ‘We, The People of India,’ arguing that he was representing the residents of Delhi. The plea contended that false news circulating on social media was being used to undermine Arvind Kejriwal’s reputation. The petitioner claimed that since Kejriwal’s arrest, the functioning of the Delhi government had come to a standstill. Additionally, it was stated that even if Kejriwal is acquitted of the charges, the time spent in jail cannot be returned.
Safety concerns were also raised in the plea, highlighting that Kejriwal is confined in jail alongside hardcore criminals who are facing charges of rape, murder, dacoity, and even bomb-blast. However, the Court dismissed the plea on April 22, noting that it was filed without any basis and that the petitioner did not possess a power of attorney executed by Kejriwal authorizing him to file such a PIL.
The Bench stated-
“The court finds the petitioner’s assertion of being a custodian of the people unfounded. The petitioner lacks the authority to provide a personal bond on behalf of R5. R5 (Kejriwal) has the capability to initiate legal proceedings, as evidenced by his actions before this court and the apex court. Therefore, the court sees no reason to relax the concept of locus standi.”
The Court emphasized that the petitioner’s claim lacked a solid foundation and that he had no authority to act as a custodian on behalf of the people.
Furthermore, the Court clarified that Kejriwal’s current detention was under judicial custody, pursuant to a court order, and thus a public interest litigation (PIL) petition against the same was not maintainable.
READ ALSO: Arvind Kejriwal’s Defamation Case: Supreme Court Challenged Over Video Retweet
Arvind Kejriwal was arrested by the Enforcement Directorate (ED) on March 21 on allegations of being the “key conspirator” in the Delhi excise policy case. His plea challenging the arrest was rejected by the Delhi High Court on April 9. However, later on, the Supreme Court granted him interim bail, allowing him to campaign for the Lok Sabha elections.
CASE TITLE:
We, The People of India v Union of India & Ors.
