HC dismisses plea for Kejriwal’s removal as CM

The Delhi High Court on Thursday dismissed a Public Interest Litigation (PIL) on Thursday, which sought the removal of AAP leader Arvind Kejriwal from the chief minister’s post after his arrest in the excise policy-linked money laundering case.

A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora refrained from commenting on the merits of the issue, asserting that it lay beyond the realm of judicial interference.

“It is for the other wings of the government to examine in accordance with the law,” the bench remarked.

During the hearing, the division bench directed petitioner Surjit Singh Yadav’s counsel to illustrate the legal obstacle to Kejriwal’s continuation as the chief minister.

“There may be practical difficulties but that is another matter. Where is the legal prohibition?” the bench asked.

If there is a constitutional failure, President or Governor will act on it, the court said. The plea said Kejriwal was arrested by the Enforcement Directorate on March 21 in the money laundering case related to the alleged liquor policy scam. Prior to his arrest by ED, the High Court of Delhi had also refused to pass orders granting interim protection from coercive action.

It added that Delhi Minister Atishi gave interviews to various channels on March 21, stating and affirming that Kejriwal will not resign from his post and, if needed, will run the government from jail. The continuation of Kejriwal as the CM will not only lead to the obstruction of due process of law and disrupt the course of justice but will also lead to the breakdown or the constitutional machinery in the state, the plea stated.

Ashish Sinha

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