The Delhi High Court remarked on Monday that a petition aiming for the removal of Arvind Kejriwal from the chief ministerial post was filed merely for “publicity,” suggesting that the petitioner should face “heavy costs.”
Justice Subramonium Prasad made this observation while transferring the petition filed by former AAP MLA Sandeep Kumar to the court of Acting Chief Justice Manmohan, where analogous petitions had been previously addressed.
“This is just for publicity,” remarked Justice Prasad.
“Since similar matters have been listed and disposed of by the Acting Chief Justice, list this petition before the bench headed by the Acting Chief Justice,” he stated.
After transferring the petition, Justice Prasad remarked, “I would have imposed heavy costs.”
In his petition, Kumar has stated that following Kejriwal’s arrest by the Enforcement Directorate (ED) in connection with the Delhi excise policy-linked money laundering case, the leader has encountered an “incapacity” to fulfill the chief minister’s functions under the Constitution.
The plea stated that the AAP leader’s “unavailability” complicates the constitutional mechanism, asserting that he cannot function as the chief minister from prison in accordance with the mandate of the Constitution. “Article 239AA (4) of the Constitution stipulates the Council of Ministers, with the chief minister at the helm, to assist and advise the lieutenant governor in the exercise of his functions concerning matters over which the legislative assembly has the authority to enact laws.
“The aid and advice to the lieutenant governor are practically not possible without the chief minister being a free person available to render his aid and advice under the Constitution,” the petition asserted. “Issue a writ of quo warranto against respondent no.1, that is, Arvind Kejriwal, the incumbent chief minister of Delhi, by calling upon him to show by what authority, qualification, and title he holds the office of the chief minister of Delhi under Article 239AA of the Constitution and after an inquiry, dislodge him from the office of the chief minister of Delhi with or without the retrospective effect,” the petition prayed.
The case is scheduled for a hearing on April 10. Kejriwal, who was apprehended by the ED on March 21, remains in judicial custody until April 15. Presently, he is detained in Tihar jail.
The high court had previously dismissed two public interest litigations (PILs) seeking the removal of Kejriwal from the chief minister’s post.
On April 4, a bench consisting of Acting Chief Justice Manmohan and Justice Manmeet P S Arora declined to consider a PIL on the matter, stating that it was Kejriwal’s personal decision to remain as the chief minister. Earlier, the bench had thrown out a similar PIL, noting that the petitioner had not demonstrated any legal impediment preventing the detained chief minister from holding office. It had remarked that there was no room for judicial intervention in the matter and that it was the responsibility of the other branches of the State to address the issue.
