Sale Deeds Must Be Interpreted Literally When the Language is Clear and Unambiguous: Supreme Court    |     Non-Signatory Can Be Bound by Arbitration Clause Based on Conduct and Involvement: Supreme Court    |     Right to Passport is a Fundamental Right, Denial Without Justification Violates Article 21: Allahabad High Court    |     Insurance Company's Liability Remains Despite Policy Cancellation Due to Dishonored Cheque: Calcutta High Court    |     Deductions Under Sections 36(1)(vii) and 36(1)(viia) of the Income Tax Act Are Independent and Cannot Be Curtailed: Bombay High Court    |     Diary Entries Cannot Alone Implicate the Accused Without Corroborative Evidence: Supreme Court Upholds Discharge of Accused in Corruption Case    |     MACT | Fraud Vitiates All Judicial Acts, Even Without Specific Review Powers: Rajasthan High Court    |     Right of Private Defense Cannot Be Weighed in Golden Scales: Madhya Pradesh High Court Acquits Appellant in Culpable Homicide Case    |     If Two Reasonable Conclusions Are Possible, Acquittal Should Not Be Disturbed: Supreme Court    |     Kalelkar Award Explicitly Provides Holiday Benefits for Temporary Employees, Not Subject to Government Circulars: Supreme Court Upholds Holiday and Overtime Pay    |     NDPS | Homogeneous Mixing of Bulk Drugs Essential for Valid Sampling Under NDPS Act: Punjab & Haryana High Court    |     Pre-Arrest Bail Not a Right but an Exception: Himachal High Court Denied Bail In Dowry Death Case"    |     POCSO | Scholar Register Is Sufficient to Determine Victim’s Age in POCSO Cases: Madhya Pradesh High Court    |     Abuse of Official Position in Appointments: Prima Facie Case for Criminal Misconduct: Delhi High Court Upholds Framing of Charges Against Swati Maliwal in DCW Corruption Case    |     Service Law | Similarly Situated Employees Cannot Be Denied Equal Treatment: PH High Court Orders Regularization    |     Presumption of Innocence Remains Supreme Unless Clearly Overturned: PH High Court Affirming Acquittal    |     Any Physical Liaison with A Girl Of Less Than Eighteen Years Is A Strict Offense.: Patna High Court Reiterates Strict Stance On Sexual Offences Against Minors    |     Orissa High Court Rules Res Judicata Inapplicable When Multiple Appeals Arise from Same Judgment    |     Mandatory Section 80 Notice Cannot Be Bypassed Lightly:  Jammu & Kashmir High Court Returns Plaint for Non-Compliance    |     Bombay High Court Denies Permanent Lecturer Appointment for Failing to Meet UGC Eligibility Criteria at Time of Appointment    |     Deferred Cross-Examination Gave Time for Witness Tampering, Undermining Fair Trial: Allahabad High Court    |     Dowry Death | Presumption Under Section 113-B Not Applicable as No Proof of Cruelty Soon Before Death : Supreme Court    |     Gift Deed Voided as Son Fails to Care for Elderly Mother, Karnataka High Court Asserts ‘Implied Duty’ in Property Transfers    |     Denial of a legible 164 statement is a denial of a fair trial guaranteed by the Constitution of India: Kerala High Court    |     Safety Shoes Used as Weapon Meets Mens Rea Requirement for Murder: Rajasthan HC on Bail Denial    |     Fraud on the Courts Cannot Be Tolerated: Supreme Court Ordered CBI Investigation Against Advocate    |     Land Acquisition | Jaiprakash Associates Ltd. (JAL) Liable for Compensation under Supplementary Award, Not Ultra-Tech Cement Ltd.: Supreme Court    |     Non-Mentioning of Bail Orders in Detention Reflects Clear Non-Application of Mind: J&K High Court Quashes Preventive Detention Order    |     Conviction Under Arms Act and Criminal Conspiracy Quashed Due to Non-Seizure of Key Evidence and Failure to Prove Ownership of Box: Jharkhand High Court    |     Prima Facie Proof of Valid Marriage Required Before Awarding Maintenance Under Section 125 Cr.P.C: Calcutta High Court Sets Aside Interim Maintenance Order    |    

Be You Ever So High, The Law Is Above You: Delhi High Court Dismisses Plea For Chief Minister's Interim Bail and Imposed Rs. 75000 Fine

07 May 2024 8:19 AM

By: Admin


In a striking judgment, the Delhi High Court has dismissed a petition seeking extraordinary interim bail for the Chief Minister of Delhi, who is presently in judicial custody. The petition, filed under the pretense of public interest litigation, was deemed "unfounded and fantastical" by the Acting Chief Justice Manmohan and Hon'ble Ms. Justice Manmeet Pritam Singh Arora.

The court was approached with a plea claiming 'veto power' by the petitioner, asserting a right to secure the Chief Minister's release from all pending criminal cases. This unique claim raised issues regarding the principles of locus standi in public interest litigation and the misuse of judicial process for personal or political agendas.

The petitioner, a law student, represented himself as acting on behalf of "We, the People of India," and sought the court's intervention to grant the Chief Minister bail based on personal bonds and assurances. He claimed that the ongoing judicial custody of the Chief Minister had brought the administration of the National Capital Territory of Delhi to a halt. The court noted the unusual nature of the claims, emphasizing that no individual could claim a unilateral 'veto power' to override judicial decisions.

Veto Power and Representation: The court categorically dismissed the petitioner’s claim of having a 'veto power' as legally baseless and a misconstruction of public interest litigation principles. “The petitioner's fanciful claim to represent the people of India is devoid of any legal basis and is outright rejected,” remarked ACJ Manmohan.

Equality Before Law: Emphasizing the rule of law and constitutional equality, the court observed, "Be you ever so high, the law is above you." The court underscored the need for maintaining public confidence in the judicial system, which cannot be overshadowed by any individual's position or office.

Misuse of Judicial Process: The petition was deemed an abuse of the legal process, with the court highlighting that the petitioner, being a student with no direct involvement or legal standing in the matter, improperly sought judicial relief for the Chief Minister. The court pointed out that the Chief Minister could himself seek legal recourse through appropriate legal channels.

Decision: The writ petition was dismissed with costs, ordering the petitioner to pay Rs.75,000 as punitive damages for the frivolous litigation. The costs were directed to be deposited with the AIIMS Poor Fund to emphasize the seriousness of misusing judicial processes.

Date of Decision: April 22, 2024

THE PEOPLE OF INDIA VS UNION OF INDIA & ORS.

 

Similar News