Delhi High Court Rejects Plea Amidst Arvind Kejriwal’s ED Custody; Division Bench Presides
The Delhi High Court dismissed a Public Interest Litigation (PIL) on Thursday that called for the removal of Arvind Kejriwal from his position as Chief Minister of Delhi, following his arrest by the Enforcement Directorate (ED) in a liquor policy case.
The division bench, composed of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, was in charge of the proceedings.
The PIL was filed by Surjit Singh Yadav, a resident of Delhi who identified himself as a farmer and social worker. Yadav argued that a Chief Minister facing allegations of financial misconduct should not be allowed to hold public office.
Currently, Kejriwal is in ED custody, which is set to expire today. He is scheduled to appear before the Rouse Avenue Courts later today.
In the PIL, Yadav contended that Kejriwal’s continued tenure as Chief Minister would impede the legal process, disrupt justice, and potentially lead to a breakdown of the state’s constitutional machinery. Yadav cited various articles of the Indian Constitution, claiming that Kejriwal’s incarceration rendered him unable to fulfill his duties as Chief Minister.
Yadav’s plea also highlighted statements made by AAP Ministers in the media, asserting that Kejriwal would not resign and would govern from prison if necessary.
Furthermore, the PIL raised concerns about a jailed Chief Minister’s ability to conduct government affairs. Yadav argued that prison authorities would need to scrutinize all materials before reaching Kejriwal, potentially breaching confidentiality obligations. Additionally, Yadav pointed out that existing rules empower the Chief Minister to access government files, raising questions about Kejriwal’s involvement in matters where he is implicated.
The plea sought a writ of Quo Warranto from the Court, demanding Kejriwal to justify his position as Chief Minister and subsequently remove him from office.
Yadav also filed another PIL, requesting the Court to prevent Kejriwal from issuing directives or orders while in ED custody, which is yet to be listed for hearing.
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