Relief for Delhi CM, High Court bins plea for his ouster

Satya Prakash &

Samad Hoque

Tribune News Service

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 Delhi Chief Minister following his arrest in a money laundering case related to the Delhi excise policy scam.

“This court is of the view there is no scope for judicial interference vis-à-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 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 time, 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.

Arrest based on just 4 statements: Delhi CM

• Kejriwal submitted in court CBI filed 31K-page report and 294 witnesses were examined, while ED investigated 162 and filed 25K-page report. “Why have I been arrested? My name figures only in four statements,” he said.
• He further claimed ED probe had two main motives — the first was to crush AAP. “ED’s second move is to form a smokescreen in front of the nation where they could declare the AAP as corrupt,” he added.

“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.

Kejriwal, who has refused to resign as Delhi CM, was on Thursday produced before a Delhi special court, which extended his Enforcement Directorate (ED) custody till April 1. Citing Article 163 and 164 of the Constitution, Yadav contended Kejriwal’s current status as an inmate incapacitated him from fulfilling the duties and responsibilities of his position as CM.

Let President or Governor decide

If there is constitutional failure, President or Governor will act. It may take some time but I am sure they will decide this. —Delhi High Court

Yadav had contended a CM 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 HC 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 the L-G is examining the issue. It will then go before the President. That is for a different wing. We understand there may be some practical difficulties. Why should we pass any orders? We don’t have to give the President or L-G 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.

As the special court extended Kejriwal’s ED custody by four days, the embattled leader called it a “political conspiracy”.

Special Judge Kaveri Baweja extended the custody after the earlier six-day custody expired on Thursday, and the ED had submitted Kejriwal had given “evasive replies” and needed to be further interrogated in connection with the alleged liquor scam. Kejriwal was arrested by the agency on March 21 and was sent to six-day custody on March 22.

Additional Solicitor General SV Raju, appearing for the ED, said Kejriwal was giving “evasive replies”, and his counsels and family members were not providing details of the ITR, property and other required documents.

Raju said Kejriwal’s statements had been recorded and he might have to be confronted with some individuals who had been summoned from Goa. The ED had sought a further seven-day remand for this.

The Delhi CM addressed the court in person and alleged it was a “political conspiracy” and the agency had no material against him except statements the approver.

He further said the case had been going on for past two years and his name had come in four statements based on which the arrest was made.

Raju argued Kejriwal had not provided the password of his mobile phone, to which Ramesh Gupta, appearing for the Delhi CM, countered the central agency couldn’t force him to unlock his electronic gadgets.

Kejriwal had skipped nine ED summons in connection with the case and it had moved court against Kejriwal’s non-compliance.

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