Read Time: 04 minutes

Synopsis

The Delhi High Court, recently, rescinded the fine imposed on a law student who had sought interim bail for Arvind Kejriwal. Initially, the court had dismissed the student's plea, imposing a cost of ₹75,000, stating that Kejriwal was in custody due to court orders.

The bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora presided over the case. The petitioner had filed a Public Interest Litigation (PIL) under the name "We, The People of India," claiming to represent the residents of Delhi.

The plea argued that some individuals were attempting to tarnish Arvind Kejriwal's reputation by spreading false information on social media. It also contended that since Kejriwal's arrest, the functioning of the Delhi government had come to a halt. The petitioner emphasized that if Kejriwal were acquitted, the time he spent in jail could not be compensated by the judges. Additionally, the petitioner raised safety concerns, noting that Kejriwal was imprisoned with hardened criminals facing charges of rape, murder, dacoity, and bomb blasts.

The court dismissed the plea, observing that it was filed without any substantive basis and that the petitioner lacked the power of attorney from Kejriwal to file such a PIL. The court had then stated, "This court is of the view that the petitioner’s claim of being a custodian of the people is devoid of any basis... The petitioner holds no power of attorney on behalf of R5 (Kejriwal) to furnish any personal bond. In the present case, R5 (Kejriwal) has the means and wherewithal to file the case and proceedings, which he has done before this court as well as the apex court. Consequently, this court is of the view that no relaxation of the concept of locus standi is called for."

Furthermore, the court had noted that Kejriwal was in jail under judicial custody pursuant to a court order, and a PIL petition against this was not maintainable.

Case Title: We, the People of India v Union of India