NEW DELHI: The Delhi High Court dismissed a PIL seeking the removal of AAP leader Arvind Kejriwal from the chief minister’s post following his arrest in an excise policy-linked money laundering case, saying it cannot declare a breakdown of the constitutional machinery in the national capital.
A bench headed by Acting Chief Justice Manmohan said on Thursday that the petitioner did not show any legal provision stopping the AAP leader from running the government after his arrest to warrant any judicial interference.
“It will be practically very difficult. We accept all that. However, is there any scope for judicial interference in this?” the bench, also comprising Justice Manmeet PS Arora, asked the petitioner’s counsel.
“This court in its writ jurisdiction cannot remove or dismiss respondent no. 4 (Kejriwal) from the post of chief minister or declare a breakdown of the constitutional machinery.... It is for the other organs of the State to examine the said aspect in accordance with the law. The present writ petition is dismissed,” the court said. It clarified that it has not commented on the merits of the issue.
Petitioner Surjit Singh Yadav’s counsel argued that Kejriwal’s arrest affected the Delhi government’s credibility in the eyes of the public and his continuation as CM would obstruct the due process of law and lead to a breakdown of the constitutional machinery in the capital.
Justice Manmohan said the court does not impose President’s or governor’s rule and that it is for the executive to look into the issue.