The Delhi High Court on April 4 declined to entertain a second petition seeking removal of Arvind Kejriwal from the post of Chief Minister following his arrest in relation to the now-scrapped Delhi excise policy linked money-laundering case.
Last week, the High Court rejected another petition seeking removal of Mr. Kejriwal from the post noting, “there is no scope for judicial interference”.
During the hearing on April 4, a Bench of Acting Chief Justice Manmohan and Justice Manmeet P. S. Arora said it would be Mr. Kejriwal’s prerogative whether to continue as the Chief Minister or resign.
“At times, personal interest has to be subordinate to national interest but that is his (Mr. Kejriwal) personal call. We are a court of law and have to go by the law. Your (petitioner) remedy does not lie here, it lies elsewhere. You go before the competent forum,” the Bench said.
In the petition, the petitioner Mr. Vishnu Gupta, president of organisation — Hindu Sena, said Mr. Kejriwal was guilty of constitutional breach of trust reposed in him by the Constitution of India as soon as he was arrested in connection with a money-laundering case. The counsel said Mr. Kejriwal cannot continue as Chief Minister.
Mr. Gupta’s plea stated that since more than one week have passed, the Lieutenant Governor has not exercised his power under Article 164 (1) of the Constitution of India to dismiss Mr. Kejriwal from the office of Chief Minister. The high court, however, reminded him that, “Everything cannot be done by the court”. “The LG and the President of India have to consider it,” the Bench remarked.
“If you expect we are ruling or administering the State it is wrong. We do not administer the State. Next time there is a war with a neighbouring country, will you ask us to decide,” the Bench asked.
Mr. Gupta’s counsel contended, “If the constitutional authorities are not acting, then what is the solution. In fact, today we have no government”.
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“How can we declare that the government is not functioning? The LG is fully competent to decide it. He (LG) does not need our guidance. We are no one to advise him,” the High Court reiterated.
The Bench said, “In a democracy, things may take its own time to reach to a conclusion. We have no doubts about it. This matter will reach a right conclusion...If you want to go to the LG, no one can stop you”.
As the Bench expressed reluctance to entertain the plea, Mr. Gupta’s counsel withdrew his petition with liberty to approach appropriate forum.
Last week, the High Court disposed of a third plea seeking directions to prevent Mr. Kejriwal from issuing orders while in custody but directed the Enforcement Directorate (ED) to bring it to the notice of the trial court hearing a corruption case against him.
Mr. Kejriwal was arrested on March 21. On Monday, a court here sent him to judicial custody for two weeks. The case pertains to the alleged corruption and money-laundering in the formulation and execution of the Delhi government’s excise policy for 2021-22, which was later scrapped.
