Delhi HC refuses to entertain PIL to remove Arvind Kejriwal as CM

New Delhi [India]: The Delhi High Court on Thursday refused to entertain another Public Interest Litigation (PIL) seeking direction to remove Arvind Kejriwal from the post of Chief Minister.

During the arguments, the bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora made oral observations and stated that, at times, personal interest has to be subordinate to national interest.
“We do not administer the state. The petitioner can approach the Lieutenant Governor with the grievance raised in the petition,” said Delhi HC.

The plea moved by the Hindu Sena organization stated that the Constitution of India did not visualize a situation where in the event of arrest, the Chief Minister can run his government either from judicial custody or from Police custody.

Hindu Sena last week filed a petition in the Delhi High Court to remove Kejriwal from the post of Chief Minister.

In the petition, it has been demanded from the court that the court should order the Lieutenant Governor (LG) to dismiss Delhi Chief Minister Kejriwal from the post and run Delhi as per the Central Government and LG Constitution.

Recently, the Delhi High Court dismissed a Public Interest Litigation (PIL) seeking direction for the removal of Arvind Kejriwal from the post of Chief Minister of NCT Delhi. The Court while dismissing the said PIL, stated that there is no scope of Judicial interference in the matter.

The fresh PIL was moved by Vishnu Gupta, president of an organisation named Hindu Sena. The plea stated that the Constitution of India did not visualise a situation where, in the event of arrest, the Chief Minister can run his government either from judicial custody or from police custody.

However, it is not settled law that constitutional courts can interfere with the provisions of the Constitution to ensure purity in administration and governance.

“Therefore, the makers of the Indian Constitution have carefully made provisions in Articles 163 and 164 to the effect that the Council or Minister, with the Chief Minister as the head, will aid and advise the Governor to exercise his function, except discretionary functions under the Constitution,” stated the plea.
The plea was moved through Advocate Barun Sinha, who stated that Arvind Kejriwal, as Chief Minister of the NCT of Delhi, had committed a breach of the constitutional trust reposed in him by the Constitution of India as soon as he was arrested in connection with an ED under the Prevention of Money Laundering Act, 2002.

Therefore, owing to constitutional morality, he ought to have resigned before being taken into custody by the investigating agency.

However, Arvind Kejriwal decided to continue as Chief Minister and run the government either from police custody or judicial custody. Be it as it may, the arrest of Arvind Kejriwal as Chief Minister violates constitutional trust, which is inhibited in Article 164 of the Constitution of India.
“Therefore, the Governor is under constitutional obligation to dismiss Arvind Kejriwal from the office of Chief Minister,” the plea read.

Since Arvind Kejriwal is in police custody or judicial custody till date, therefore, in terms of Articles 154, 162 and 163 of the Constitution of India, the Lieutenant Governor of NCT of Delhi is unable to exercise his power in the absence of advice by the council of ministers.

With effect from March 21, 2024, the functions of the government of the NCT of Delhi are not being carried out in accordance with the scheme of the Constitution.
“Therefore, the dismissal of Arvind Kejriwal from the Office of Chief Minister is necessary to uphold the constitution and parliamentary democracy, which are fundamental rights of citizens,” stated the fresh petition.