The Delhi High Court on Wednesday dismissed a petition seeking the removal of Arvind Kejriwal as the Chief Minister of Delhi following his arrest by the Enforcement Directorate in the excise policy case.
The plea was filed by former Aam Aadmi Party (AAP) MLA Sandeep Kumar, who sought Kejriwal's removal as Delhi Chief Minister after his arrest in the excise policy case by the Enforcement Directorate (ED).
"This is not a James Bond movie where we will have sequels. The Lt. Governor will make a decision on this matter. You are attempting to involve us in a political issue, and that's all," the court stated.
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A bench presided over by Acting Chief Justice Manmohan and also comprising Justice Manmeet PS Arora lashed out at the petitioner for an attempt to involve the court in a "political thicket" and indicated their intention to impose a cost of Rs 50,000 on Kumar.
"Don't diminish the seriousness of this court. It is because of individuals like you, your client, that we are not taken seriously," Justice Manmohan remarked.
"You are trying to make a mockery of the system and involve us in a political issue. We will not engage in that," the bench added.
"Have you seen a court impose Governor's rule or President's Rule? Has the Supreme Court or High Court removed any Chief Minister?" the court asked Sandeep Kumar's counsel.
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Petitioner Sandeep Kumar claimed that Arvind Kejriwal's "unavailability" complicated the constitutional mechanism and that he could not run the government from jail as mandated by the Constitution.
The court clarified that Delhi's Governor can take a call on the matter.
On March 28, the court rejected a Public Interest Litigation (PIL) seeking Kejriwal's removal, stating that the petitioner failed to present any legal obstacle that prevented the AAP national convenor from holding office and refrained from intervening in the case.
Arvind Kejriwal was arrested by the ED on March 21, shortly after the high court denied him protection from coercive action by the agency. He is presently in judicial custody.
