Delhi High Court dismisses PIL to remove Arvind Kejriwal from CM post after arrest

Tribune News Service

Satya Prakash

New Delhi, March 28

In a big relief for AAP leader Arvind Kejriwal, the Delhi High Court on Thursday dismissed a PIL seeking his removal from the post of Chief Minister following his arrest in a money laundering case related to Delhi excise policy scam.

“This Court is of the view that there is no scope for judicial interference vis- a-vis the relief sought for in the PIL. The PIL is dismissed. We have not commented on the merits,” a Division Bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora said, dismissing the PIL filed by one Surjit Singh Yadav.

“You (Yadav) will have to show us some bar or prohibition that prohibits him from being a CM. If there is any constitutional failure the President or Governor will act on it. It may take some but I am sure they will decide this. The situation today is something that was not imagined. There is no legal bar today,” Justice Manmohan said.

“We should not get into this politics. The political parties will get into this. They will go before the public... It is not for us,” the Bench said.

Citing Article 163 and 164 of the Constitution, Yadav contended that Kejriwal's current status as an inmate incapacitated him from fulfilling the duties and responsibilities of his position as Chief Minister.

Kejriwal – who has refused to resign as Delhi Chief Minister – is to be produced before a Special Court here this afternoon after the expiry of his six-day ED custody.

Yadav had contended that a Chief Minister embroiled in a financial scandal should not be allowed to continue in office while in jail as it not only obstructed due process of law but also undermined the constitutional machinery of the state.

However, the high court said it’s for the Executive and the President to examine the issue as it wondered if there was any scope for judicial interference.

“We read in today's newspaper that LG is examining the issue. It will then go before the President. That is for a different wing. We understand that there may be some practical difficulties. Why should we pass any orders? We don't have to give the President or LG any guidance. The executive branch imposes Presidential rule. It is not for us to guide them. How can we interfere in this? I am sure the Executive branch is examining all this,” the Bench noted.

Yadav had demanded that the Centre, Delhi Government and the Principal Secretary to Delhi Lieutenant Governor VK Saxena be asked to explain under what authority Kejriwal was holding the post of Delhi Chief Minister even after his arrest by the Enforcement Directorate.

Allowing Kejriwal to retain his position as Delhi Chief Minister would allow him to influence the probe, contradicting principles of criminal jurisprudence, he submitted.

The petition stated that Kejriwal has been arrested by the Enforcement Directorate on March 21 in the money laundering case related to the alleged liquor policy scam. It also referred to the Delhi High Court’s decision not to grant interim protection to him from coercive action in the case.

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