The Delhi High Court has declined to entertain a public interest litigation (PIL) seeking the removal of Arvind Kejriwal, who was arrested by the Enforcement Directorate (ED) in connection with the liquor policy case, from his position as Chief Minister of Delhi.
A division bench led by Acting Chief Justice Manmohan rejected the PIL filed by Vishnu Gupta, National President of Hindu Sena, stating that personal interests must sometimes yield to national interests. The bench emphasized that they are a court of law and cannot impose measures like imposing President’s rule or Governor’s rule based on a petition.
Gupta’s counsel informed the court that they intend to withdraw the PIL and instead file a representation to the Lieutenant Governor (LG). The bench directed Gupta to pursue his remedy through constitutional authorities, indicating that the matter is more practical than legal.
The counsel argued that Kejriwal’s arrest has led to a governance vacuum in Delhi, creating a constitutional deadlock. However, the bench reiterated that such issues should be addressed by constitutional authorities and not the courts.
Responding to Gupta’s plea that if Kejriwal is found guilty, someone else from the Aam Aadmi Party (AAP) could be appointed as Chief Minister, the bench stated that they had previously dismissed a similar PIL and must adhere to precedent.
The court emphasized that decisions regarding constitutional morality rest with the LG and the Prime Minister, highlighting the separation of powers between the judiciary and other organs of the state.
The PIL contended that Kejriwal’s arrest for offenses under the Prevention of Money Laundering Act (PMLA) constitutes a breach of constitutional trust. It argued that since his arrest, essential executive functions, such as holding cabinet meetings, have been neglected, undermining the functioning of the Delhi government.
While acknowledging the seriousness of the allegations, the court maintained that issues of this nature are beyond its jurisdiction and should be addressed through constitutional mechanisms.
