Satya Prakash
New Delhi, April 4
Noting that it’s a personal call of Arvind Kejriwal, the Delhi High Court on Thursday refused to entertain a PIL seeking his removal from the post of Delhi CM following his arrest in a money laundering case related to the Delhi excise policy scam.
“At times, personal interest has to be subordinate to national interest. But that’s his (Kejriwal’s) personal call,” a Bench led by Acting Chief Justice Manmohan said, turning down the second PIL within a week for Kejriwal’s removal as Delhi CM.
“If he (Kejriwal) does not want to do that (resign), it’s up to him. We are a court of law… Do you have any precedent that President’s rule or Governor’s rule has been imposed by the court?” it asked petitioner Vishnu Gupta’s counsel.
Gupta, who was forced to withdraw his Public Interest Litigation, had sought directions for Kejriwal’s removal as Delhi CM with effect from March 21, the day he was arrested. Currently lodged in Tihar Jail under judicial custody, Kejriwal has refused to resign as Delhi CM.
Maintaining that the court can’t decide such an issue, the Bench said it’s up to the Delhi Lt Governor or the President to take a call on Kejriwal’s removal. “How can we declare that the Delhi Government is not functioning? The Lieutenant Governor is fully competent to decide it. He (Lieutenant Governor) does not need our guidance. We are no one to advise him. He will do whatever he has to in accordance with law,” it said.
It said, “Constitutional morality will be considered by the LG. He will consider it… and the PM. They are the authorities. Everything cannot be done by the courts. We don’t administer the State.”
On March 28 also, the Delhi HC had dismissed a Public Interest Litigation filed by one Surjit Singh Yadav seeking Kejriwal’s removal from the post of Delhi CM. “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 had said, dismissing Yadav’s PIL.
It’s up to him
At times, personal interest has to be subordinate to national interest. But that’s his (Kejriwal’s) personal call… If he (Kejriwal) does not want to do that (resign), it’s up to him. — Delhi HC Bench
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