New Delhi, Mar 28 (UNI) The Delhi High Court on Thursday rejected a public interest litigation (PIL) petition seeking Arvind Kejriwal’s removal as Delhi Chief Minister following his arrest by the Enforcement Directorate (ED) in connection with the alleged Delhi excise policy scam and said there is no legal bar in his continuation as CM.
A Division Bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora said the Court cannot interfere with Kejriwal continuing as CM. It is for the executive and the President to examine the issue.
The Court said there is no legal bar in Kejriwal continuing as the CM.
Justice Manmohan 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 this. The situation today is something that was not imagined. There is no legal bar today,” the bench remarked.
“Why should we 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.
The case pertains to a PIL filed by one Surjit Singh Yadav saying Kejriwal’s continuation as CM will not only lead to obstruction of due process of law and disrupt the course of justice but will also lead to the breakdown of constitutional machinery in Delhi.
The court dismissed the petition saying, “There is no scope for judicial interference vis- a-vis the relief sought for in the PIL. The PIL is dismissed. We have not commented on the merits,” the Court said in its order.
