The Delhi High Court on Thursday rejected a public interest petition filed seeking the removal of Delhi Chief Minister Arvind Kejriwal from the post of CM, who has been arrested by ED officials in connection with the Excise policy scam.
Surjit Singh Yadav, who claims to be a social activist, had filed a Public Interest Litigation in the Delhi High Court.
A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, which heard the petition, rejected the petition saying, “The executive and the President have to look into the matter and the court cannot interfere in the matter.”
“Would the judiciary be allowed to interfere in this matter? We have noticed in today’s newspaper that the Lt. Governor has said that they are looking into this. After that, it can go to the President. “We do not have to give any direction to remove Arvind Kejriwal from the post of CM and it is not within our scope to order the President or the LG,” the court said.
At the same time, the court told the petitioner that there was no legal obstacle for Kejriwal to continue as the Chief Minister of Delhi.
During the hearing of the petition, the two-judge bench, which took the petitioner to task, said, “Show us whether there is any reference anywhere that there is any law or prohibition against Kejriwal acting as CM.
If there is any constitutional failure, the President or the Governor will take action on it. It may take some time. We are sure they will decide this. Today’s situation is beyond our imagination. So, we will not issue any orders today. “There is no legal bar for Kejriwal CM to continue,” the bench said.
The Delhi High Court also rejected a Public Interest Litigation filed by one Surjit Singh Yadav, noting that the court clarified that “we do not enter into politics and ultimately the people will decide these issues.”
Kejriwal was arrested by ED officials on March 21 in connection with the Excise policy scam. The court remanded him in ED custody till March 28.
Link: https://x.com/LiveLawIndia/status/1773262365271679420?s=20
