Today (March 28), the Delhi High Court dismissed a Public Interest Litigation (PIL) seeking the removal of Arvind Kejriwal from his role as Chief Minister following his arrest by the Enforcement Directorate (ED).
NEW DELHI: Today (28th March): The Delhi High Court rejected a Public Interest Litigation (PIL) seeking to remove Arvind Kejriwal from his position as Delhi Chief Minister following his arrest by the Enforcement Directorate (ED) in connection with the alleged Delhi excise policy scam.
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A Division Bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora asserted that the matter falls within the purview of the executive and the President, and thus, the Court refrained from interference.
The counsel for the petitioner argues that the continuation of Arvind Kejriwal as CM has deteriorated the credibility and image of the Delhi government.
He contends that allowing R-4 to remain will result in the breakdown of constitutional machinery in the state, citing the Delhi Prison Rules. A PIL has been filed seeking a writ of quo warranto to remove Arvind Kejriwal from the post of CM of Delhi. After hearing the counsel and examining the documents, this court opines that there is no room for judicial interference regarding the relief sought in the PIL.
Emphasizing the separation of powers, the Court highlighted that there is no legal impediment to Kejriwal continuing as the Chief Minister, adding that any constitutional concerns would be addressed by the President or Governor.
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“Is there any scope for judicial interference? We read in today’s newspaper that LG is examining the issue. It will then go before the president. That is for a different wing. We understand that there may be some practical difficulties. Why should I pass any orders? We don’t have to give the president or LG any guidance. The executive branch imposes presidential rule. It is not for us to guide them. How can we interfere in this? I am sure the executive branch is examining all this,” the Court said.
“You will have to show us some bar or prohibition that prohibits him from being a CM. If there is any constitutional failure, the President or Governor will act on it. It may take some time, but I am sure they will decide. The situation today is something that was not imagined. There is no legal bar today,” the bench remarked.
The Court also made it clear that it will not get into politics and that the people will eventually decide these issues. “We should not get into this politics. The political parties will get into this. They will go before the public… It is not for us,” the Court asserted.
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Furthermore, the Court emphasized its neutrality in political matters, stating that such issues are best resolved through democratic processes, ultimately dismissing the PIL.
“This Court is of the view that there is no scope for judicial interference vis-à-vis the relief sought in the PIL. The PIL is dismissed. We have not commented on the merits,” the Court said in its order.
[CASE TITLE: Surjit Singh Yadav v. Union of India & Ors].
