NEW DELHI: Legal experts felt that Delhi Chief Minister, Arvind Kejriwal's legal options for getting immediate relief now seemed to be very bleak, in connection with his plea to challenge his arrest and remand in the Delhi Excise Policy scam case.
"The possibility of some immediate relief to Kejriwal doesn't seem to be present from courts at the moment. His legal team has to explore alternative avenues for getting relief," former Additional Solicitor General (ASG) and senior Supreme Court lawyer K C Kaushik told TNIE.
"Although Delhi HC Judge Justice Swarna Kanta Sharma is scheduled to hear Kejriwal's plea challenging his arrest by the ED and subsequent remand tomorrow, it is unlikely that he will receive any relief. The same HC had recently, just 3-4 days ago, rejected his plea," he said.
"He also pointed out that his legal team, led by Dr. Abhishek Manu Singhvi, has to find out other ways of approaching the lower court for relief. He is a very senior lawyer seasoned with legal expertise.
"I think he has to approach the lower court for relief, which doesn't seem imminent. His immediate course of action could be to seek bail from the lower court. If not, his second option would be to go to the High Court or Supreme Court challenging the legality of his arrest," he said.
Kaushik also said that legally there is no bar on Arvind Kejriwal to continue as the CM; he can remain in his post. Also, he has not been convicted yet, so there is no legal obstacle preventing him from continuing as CM. He is an accused in a case, and that alone is not enough for him to be removed from the post, although he has so far been denied any relief
"On the other hand, the Delhi Lieutenant Governor (LG) plays a crucial role in this case. If the LG deems it necessary, he can recommend to the President of India the imposition of President's rule, citing a breakdown of constitutional machinery in Delhi.
Retired Judge S.R. Singh of the Allahabad High Court stated that Kejriwal has limited legal options but to seek relief from the lower court. "He has to wait and watch now," he said.
The retired judge also noted that Kejriwal can continue in his post as he has not been convicted of any offense so far.
"Legally, he is fit to continue despite being in ED custody at present, as he has not been convicted in any case so far," Justice (Retired) Singh said.
He, however, added that morally Kejriwal may choose to resign; it is up to him to decide. Justice Singh emphasized that tomorrow's hearing before the HC would be crucial for Kejriwal.
Another retired judge, Justice Anajana Prakash, of the Patna HC, said, legal recourse seemed to be very less for Kejriwal. "There is a format for approaching courts for relief. Like, the lower court, then HC, then finally the SC. So tomorrow if he fails to get any relief from the HC, then he may have to go to SC," she said, pointing out that chances are very less for Kejriwal for getting the required relief tomorrow.
Justice Prakash also said that there is no bar legally as such to continue him as the CM of Delhi. She, howvever, remarked and pointed out that "It may be a mess, if he can continue to remain as the CM. As he has to clear many bills, for Delhi people. How he will do that?," she said.
Justice Prakash questioned as to how he will operate from the ED custody and it seemed that after the ED custody, he might be sent to jail. "So the LG's role is very crucial here now. But right now, he can continue to remain in his post, keeping in view the present situation," she said.
Justice Prakash said that if the LG thinks otherwise, then he can send a report recommending to the President, for imposing President's rule citing breakdown of constitutional machinery.
Then the President on receipt of this report from the LG, is satisfied, or thinks, that a situation has arisen in which the administration and function of the National Capital Territory cannot be carried on by the CM, in accordance with law, then may be President's rule can be imposed. But, right now, the situation has not arisen like this.
