A new public interest litigation (PIL) has been lodged in the Delhi High Court, urging for the ousting of Arvind Kejriwal from his position as Chief Minister of Delhi following his arrest by the Enforcement Directorate (ED) in connection with the liquor policy case. Vishnu Gupta, a social activist and the National President of Hindu Sena, filed this plea.
Previously, a similar PIL presented by Surjit Singh Yadav was dismissed by a division bench led by Acting Chief Justice Manmohan. The court stated that there was no legal prohibition barring an arrested Chief Minister from holding office. It emphasized that the issue fell beyond the scope of judicial intervention and should be examined by other branches of the State.
The fresh PIL argues that Kejriwal’s arrest under the Prevention of Money Laundering Act (PMLA) signifies a breach of the Constitutional trust vested in him by the Constitution of India. It highlights the pivotal role of the Chief Minister in upholding constitutional responsibilities and trust, emphasizing that any breach of these obligations warrants dismissal as outlined in Article 164 of the Constitution.
Furthermore, the plea asserts that since Kejriwal’s arrest, key governmental functions specified in Articles 154, 162, and 163 have not been executed by the Delhi Government. It notes the absence of Cabinet Meetings since March 21 and underscores the Governor’s role in the constitutional framework. The plea calls for a writ of Mandamus to compel the respondents to adhere to the Constitutional scheme and ensure the proper functioning of the Indian Constitution.
Kejriwal is currently in ED custody following his arrest on March 21. The trial court extended his custody by six days initially, with a subsequent extension of four days.
