Delhi HC waives Rs 1 lakh penalty on lawyer for PIL seeking jail facilities for Kejriwal

- May 27, 2024
| By : Patriot Bureau |

The court's decision came in response to an application by the petitioner, who apologized and requested the waiver, citing his inexperience in litigation practice. He expressed his realization of the mistake, committed not to repeat it, and agreed to perform community service

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The Delhi High Court on Monday waived the Rs 1 lakh cost imposed on a lawyer for filing a public interest litigation (PIL) that sought appropriate arrangements for Chief Minister Arvind Kejriwal to run his government from jail.

The court noted that the petitioner, an advocate, had acknowledged his mistake and directed him to undertake community service as per the Delhi State Legal Services Authority (DSLSA) instructions.

However, the court stipulated that if the petitioner files any future petitions, he must include copies of both the costs order and the waiver order.

The court’s decision came in response to an application by the petitioner, who apologized and requested the waiver, citing his inexperience in litigation practice. He expressed his realization of the mistake, committed not to repeat it, and agreed to perform community service.

A bench comprising Acting Chief Justice Manmohan and Justice Manmeet P S Arora stated, “Since the petitioner acknowledges his mistake, the costs of Rs 1 lakh imposed on him is waived. He is directed to do community service in accordance with the directions of DSLSA.”

On May 8, the high court had dismissed the lawyer’s PIL, which sought arrangements for Chief Minister Arvind Kejriwal to govern from jail, with a Rs 1 lakh cost. The petitioner had also requested that Delhi BJP president Virendra Sachdeva be restrained from exerting any “undue pressure” for Kejriwal’s resignation.

The high court observed that since the AAP leader had already approached the Supreme Court regarding his arrest, “no orders were called for” to provide him with any facilities while in judicial custody.

The petitioner had argued that although it was “practically impossible” to run a government from jail, it could be facilitated through technology.

In his PIL, he had sought arrangements for a video conferencing facility for Kejriwal in jail and requested that the media be stopped from running “sensational headlines” speculating on his resignation and the imposition of President’s Rule in Delhi.

Kejriwal, who was arrested in connection with the money laundering case related to the Delhi excise policy ‘scam’, is currently on interim bail until June 1 and must surrender on June 2. He approached the Supreme Court on Monday seeking a seven-day extension of his interim bail for medical tests.

(with PTI inputs)