PIL in Delhi HC Seeking to Restrain CM Arvind Kejriwal from Issuing Orders while in ED Custody

A Public Interest Litigation (PIL) has been filed in the Delhi High Court, seeking to restrain Chief Minister Arvind Kejriwal from issuing orders while in police custody of the Directorate of Enforcement (ED).

The plea also seeks directions to deny Arvind Kejriwal access to a typist, computer printer, etc. while in ED custody. Additionally, it calls for the ED to file a complaint, conduct an investigation, and prosecute Kejriwal for how orders issued by him while in custody reached Delhi Minister Atishi.

The petitioner, Surjit Singh Yadav, represented by Advocates Shashi Ranjan Kumar Singh and Mahesh Kumar, argued that Kejriwal’s actions while in custody violate the oath of secrecy administered to him under the Third Schedule of the Constitution of India.

Notably, the same petitioner recently filed another PIL in the Delhi High Court seeking the removal of Arvind Kejriwal from the position of Chief Minister of the Government of NCT of Delhi.

Earlier, the Delhi HC declined to grant interim protection from coercive action to Kejriwal in the aforementioned case before his arrest. According to the plea, after Kejriwal’s arrest, Delhi Minister Atishi affirmed in interviews to various channels on March 21, 2024, that Kejriwal would not resign from his post and would continue to run the government from jail if necessary.

The plea highlighted that Kejriwal’s continued tenure as Chief Minister of the Government of NCT of Delhi following his arrest by the ED has negatively impacted the credibility and image of the government in the eyes of the public. Furthermore, it argued that Kejriwal’s continuation in office could obstruct due process of law, disrupt justice, and lead to a breakdown of the constitutional machinery in the state.