On Monday, the Delhi High Court stated that Arvind Kejriwal’s petition to be removed from his position as Chief Minister was filed primarily for “publicity” and that the petitioner should incur “heavy costs.”
Justice Subramonium Prasad made the observation while transferring the petition filed by former AAP MLA Sandeep Kumar to the court of Acting Chief Justice Manmohan, where similar petitions have been heard before.
Judge Prasad said, “Just for publicity.”
“List this petition before the bench headed by the Acting Chief Justice, as the Acting Chief Justice has handled similar matters previously,” he declared.
After the petition was transferred, Justice Prasad stated, “I would have imposed heavy costs.” In his petition, Kumar argues that Kejriwal is no longer constitutionally qualified to carry out the responsibilities of the chief minister because of his arrest by the Enforcement Directorate (ED) in connection with a money laundering case involving the Delhi excise policy.
The plea claimed that the AAP leader’s “unavailability” undermines the constitutional framework and that the Constitution’s mandate prohibits him from serving as chief minister while incarcerated.
According to Article 239AA(4) of the Constitution, the chief minister presides over the Council of Ministers, which is tasked with assisting the lieutenant governor in carrying out his duties and offering advice on subjects pertaining to the legislative assembly’s authority to enact laws.
According to the petition, “the chief minister must be a free individual who is available to render his aid and advice under the Constitution in order for the lieutenant governor to receive it. Without him, it is practically impossible.”
The petition requested that a writ of quo warranto be issued against respondent no. 1, or Arvind Kejriwal, the current chief minister of Delhi, asking him to demonstrate the authority, qualifications, and title by which he holds the position in accordance with Article 239AA of the Constitution. Following an investigation, the petition asked that he be removed from his position as chief minister of Delhi, either with or without retroactive effect.
The new hearing date for the matter is April 10.
Mr. Kejriwal is being detained in judicial custody until April 15, following his arrest by the ED on March 21. Right now, he is being held at the Tihar jail.
Prior to this, the high court dismissed two PILs (public interest lawsuits) that called for Kejriwal to be removed from his position as chief minister.
A bench made up of Acting Chief Justice Manmohan and Justice Manmeet P S Arora dismissed a public interest lawsuit on April 4th, stating that it was Mr. Kejriwal’s decision to remain as chief minister.
The bench had previously rejected a PIL of a similar nature, stating that the petitioner had not proven that there was a legal barrier preventing the chief minister, who was detained, from carrying out his official duties. It had noted that the other branches of the State should investigate the matter and that there was no room for judicial intervention.
