The Delhi High Court on Thursday refused to entertain a petition seeking the removal of Arvind Kejriwal, who is lodged in Tihar Jail after his arrest in the liquor policy case, as the Chief Minister of Delhi. A division bench of the Delhi High Court said it was Kejriwal's personal call on whether to continue as the CM or not.
This is the second petition to remove Kejriwal as Delhi CM that the High Court has dismissed.
The High Court asked the petitioner to approach the constitutional authorities. "At times, personal interest has to be subordinate to national interest, but that is his (Kejriwal's) personal call," the High Court said.
"We are a court of law, Do you have any precedent where the President's rule or Governor's rule has been imposed by the court?" the bench said.
The petition was filed by Vishnu Gupta, a social worker and national president of the Hindu Sena. Gupta subsequently withdrew his petition and said that he would make a presentation before the Lieutenant Governor.
The petitioner's counsel said that after the arrest of Kejriwal on March 21, there was a "lack of government" in the national capital.
The High Court said it was up to the Lieutenant Governor or the President to take a call on the issue. "How can we declare that the government is not functioning? The LG is fully competent to decide it. He (LG) does not need our guidance. He will do whatever he has to in accordance with law," the court said.
On March 28, the High Court dismissed a similar PIL filed by one Surjit Singh Yadav. The court had then said it was for the executive and the President to examine the issue and the court cannot interfere in the matter.
