The Delhi High Court has transferred the petition filed by a former AAP minister seeking the removal of Arvind Kejriwal from the post of Chief Minister to the bench of the acting chief justice. The court emphasized the imposition of heavy costs on the matter and questioned whether it falls under the category of a PIL or a writ of quo warranto.
Justice Subramonium Prasad directed the listing of the petition before the chief justice’s bench on the day after tomorrow, highlighting that similar matters are usually dealt with by the chief justice. The bench emphasized the imposition of heavy costs, noting that this is the third petition seeking Kejriwal’s removal.
The petitioner, Sandeep Kumar, a former Minister for Women and Child Development and Social Welfare in the AAP government, alleged that Kejriwal, while in jail, has become incapable of fulfilling his constitutional duties and functions. The petition claimed that Kejriwal’s arrest by the Enforcement Directorate in the Excise Policy case rendered him unfit to continue as the Chief Minister of Delhi.
The court’s decision comes in the wake of previous refusals to entertain similar PILs seeking Kejriwal’s removal. The court suggested that personal interests should sometimes take a back seat to national interests and advised the petitioner to address the grievance raised in the petition to the Lieutenant Governor.
Kejriwal’s arrest by the Enforcement Directorate on charges related to corruption in the Excise Policy case marked the first instance of a serving Chief Minister being arrested in independent India. While Kejriwal’s name wasn’t initially mentioned in the FIRs, the ED’s chargesheet alleged his involvement in conversations with one of the main accused, Sameer Mahendru. Several other AAP members, including Manish Sisodia and Sanjay Singh, were also arrested in connection with the case.