The Aryavarth Express
Agency(New Delhi): The Delhi High Court, on Thursday, dismissed a Public Interest Litigation (PIL) that sought the ouster of Aam Aadmi Party (AAP) leader Arvind Kejriwal from his role as the Chief Minister of Delhi, in light of his recent arrest connected to an excise policy-related money laundering case. The court emphasized the lack of judicial grounds for such an action, pointing out that there is no legal stipulation preventing Kejriwal from performing his duties as the chief minister after his arrest. The decision to address any constitutional failures, the court noted, rests with the executive branch, not the judiciary.
This ruling was delivered by a bench led by Acting Chief Justice Manmohan, who, alongside Justice Manmeet P S Arora, indicated the petitioner failed to demonstrate a clear legal barrier that Kejriwal violated which would justify his removal from office. The court clarified that its decision was based solely on the jurisdictional scope and not on the merits of the case itself.
The petition, brought forth by Surjit Singh Yadav, argued that Kejriwal’s arrest and continued tenure as Chief Minister undermined public trust in the Delhi government and posed a threat to the constitutional machinery of the capital. However, the court maintained that the imposition of President’s or Governor’s rule is a matter for the executive to decide, stressing that the judiciary does not intervene in such matters.
The court also noted that the executive branch might require time to evaluate the situation, suggesting the current circumstances were unforeseen. Despite the petitioner’s reliance on specific Delhi Prison Rules to argue that the government cannot function if the Chief Minister is in custody, the court urged the executive to assess the situation.
This ruling comes amidst Kejriwal’s ongoing legal battles, with the Enforcement Directorate extending his custody until April 1. The allegations against him involve a conspiracy in formulating an excise policy that allegedly favored particular entities, marking a significant challenge to his leadership and the AAP government in Delhi.
