Delhi HC refuses to entertain plea seeking removal of Arvind Kejriwal as CM

The Delhi High Court on Thursday refused to entertain a PIL seeking the removal of Arvind Kejriwal as chief minister following his arrest in the excise policylinked money laundering case saying it was his personal callA bench of Acting Chief Justice Manmohan and Justice Manmeet P S Arora said it recently dismissed a similar PIL seeking Kejriwals removal from the chief ministers post and thus it cannot take a different viewAt times personal interest has to be subordinate to national interest but that is his personal call If he does not want to do that it is up to him We are a court of law and have to go by the law Your remedy does not lie here it lies elsewhere You go before the competent forum the bench saidAs the court refused to interfere in the matter petitioner Vishnu Guptas lawyer said he has instructions to withdraw the petition and that he will approach Delhi Lieutenant Governor LG V K Saxena with his pleaThe court disposed of the plea while allowing the petitioner to withdraw itDuring the hearing the petitioners counsel said a constitutional deadlock has been created following Kejriwals arrest by the Enforcement Directorate ED on the night of March 21The court however made it clear that it cannot decide the matter and it is up to the LG or the President of India to take a call on the issueHow can we declare that the government is not functioning The LG is fully competent to decide it He LG does not need our guidance We are no one to advise him He will do whatever he has to in accordance with law the bench saidIt asked whether there was any precedent of a court imposing Presidents rule or Governors ruleThis is a practical issue not a legal issue We wont go into this We will declare that the government is not functioning Governor is fully competent He does not need our guidance There is a discretion to take the call Lets not anticipate that they wont discharge their functions We cant venture into this it saidIt further said that constitutional morality will be considered by the LG or the President as they are the competent authorities and that everything cannot be done by the courtsGupta in his plea said that Kejriwal was guilty of breach of trust reposed in him by the ConstitutionThe parliamentary democracy is the basic feature of the Indian Constitution and the Chief Minister being the head of the State Government is the repository of constitutional responsibilities and trust the plea statedAfter Kejriwals arrest the high court had dismissed a similar PIL observing that the petitioner failed to show any bar in law which prohibits an arrested chief minister from holding office The court had observed that there was no scope of judicial interference in the matter and that it was for the other organs of the State to examine the issueKejriwal is in judicial custody till April 15 He is currently lodged in Tihar jailThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever