New Delhi: On Monday, the Delhi High Court stated that Arvind Kejriwal’s plea to be removed from his position as Chief Minister was filed primarily for “publicity” and that the petitioner should incur “heavy costs” for his actions.
While moving the plea filed by former AAP MLA Sandeep Kumar to the court of Acting Chief Justice Manmohan, where similar petitions were previously heard, Justice Subramonium Prasad made the statement.
“Just for publicity,” Judge Prasad declared.
“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.
The petition was transferred, and Justice Prasad declared, “I would have imposed heavy costs.” Kumar claims in his appeal that since Kejriwal was arrested by the Enforcement Directorate (ED) in relation to a money laundering case involving the Delhi excise policy, the leader has become constitutionally incapable of performing the duties of the chief minister.
The appeal said that the AAP leader’s “unavailability” undermines the constitutional framework and that the Constitution’s mandate prohibits him from serving as chief minister while incarcerated.
According to Article 239AA(4) of the Constitution, the chief minister leads the Council of Ministers, which assists and counsels the lieutenant governor in carrying out his duties with regard to subjects on which the legislative assembly has the authority to enact legislation.
“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 appeal stated.
“Issue a quo warranto writ against respondent no.1, Arvind Kejriwal, the current chief minister of Delhi, requiring him to demonstrate the qualifications, authority, and title by which he holds the position of chief minister of Delhi in accordance with 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 hearing on the subject is now scheduled for April 10.
After being detained by the ED on March 21, Mr. Kejriwal is being held in judicial custody until April 15. Right now, he is being held at the Tihar jail.
Prior to this, the high court dismissed two PILs (public interest lawsuits) that called for Kejriwal to be removed from his position as chief minister.
A panel made up of Acting Chief Justice Manmohan and Justice Manmeet P S Arora dismissed a public interest lawsuit on April 4th, stating that it was Mr. Kejriwal’s decision to remain as chief minister.
A similar PIL had previously been dismissed by the bench, noting that the petitioner had not established a legal obstacle preventing the imprisoned chief minister from serving in his capacity as minister. It had noted that the other branches of the State should investigate the situation and that there was no room for judicial intervention.