'No Legal Bar': Delhi High Court Rejects Plea Seeking Removal Of Arvind Kejriwal As CM After Arrest

NEW DELHI: In a significant ruling, the Delhi High Court on Thursday rejected a plea seeking the removal of Chief Minister Arvind Kejriwal from his position following his arrest by the Enforcement Directorate in connection with the excise policy case. The court emphasized that there are ''no legal grounds'' for judicial interference in such matters.

No Legal Barrier To Kejriwal's Position

Acting Chief Justice Manmohan, along with Justice Manmeet PS Arora, emphasized that there is no legal prohibition preventing Kejriwal from continuing as the Chief Minister of Delhi. They challenged the petitioner to identify any legal basis for the removal of Kejriwal from office.

Delhi High Court dismisses Public Interest Litigation (PIL) praying for the removal of Delhi Chief Minister Arvind Kejriwal from holding the post of chief minister of the government of Delhi.

The court said there is no scope for judicial interference.

(File photo) pic.twitter.com/l4tmXuL7dx — ANI (@ANI) March 28, 2024

While acknowledging potential practical difficulties, the court clarified that any constitutional failure would be addressed by the President or Lieutenant Governor, and the court cannot advocate for the imposition of President's rule. The Acting Chief Justice stressed that the court should refrain from political matters, emphasizing that such decisions fall within the realm of the Executive.

Who Filed The Petition?

The PIL was filed by Surjit Singh Yadav, a Delhi resident claiming to be a farmer and social worker. Yadav argued that Kejriwal's continued tenure as Chief Minister could obstruct due legal processes and lead to a breakdown of constitutional machinery in the state. The petition contended that a Chief Minister facing financial scandal allegations should not hold public office.

The petitioner invoked Article 226, seeking a writ of Quo Warranto to challenge Kejriwal's authority as Chief Minister. The PIL highlighted the importance of constitutional morality, good governance, and trust in holding public office. It argued that a Chief Minister in custody could disrupt the functioning of the Constitutional machinery.

Kejriwal Produced Before Rouse Avenue Court 

Meanwhile, Kejriwal appeared before the Rouse Avenue Court following the conclusion of his Enforcement Directorate custodial remand. The agency is seeking additional remand as part of its investigation. Kejriwal denounced the case as a political conspiracy, vowing to reveal the truth in court.

Kejriwal's wife, Sunita Kejriwal, and son attended the court proceedings, along with several Delhi cabinet ministers and MLAs. Earlier statements from Sunita Kejriwal indicated confidence in her husband's innocence, asserting that he would provide evidence to refute the allegations during the court proceedings scheduled for March 28.

Background Of The Excise Policy Case

The Enforcement Directorate arrested Kejriwal on March 21 in connection with alleged irregularities and money laundering related to the Delhi excise policy of 2022. The case originated from reported procedural deficiencies highlighted by the Delhi Chief Secretary in 2022, implicating AAP leaders in favouritism and financial losses.

While Kejriwal was not initially named in FIRs related to the case, subsequent developments, including allegations of communication with accused individuals, have drawn him into the investigation.