The Hindu Sena on Friday filed a fresh petition in the Delhi High Court against Arvind Kejriwal, seeking his removal from the Chief Minister's post. The plea, moved by Hindu Sena President Vishnu Gupta, demanded that the court should order Delhi's Lieutenant Governor to dismiss Chief Minister Arvind Kejriwal from the post and run Delhi through the central government via LG.
Earlier on Thursday, the Delhi High Court dismissed a similar petition, seeking the removal of Arvind Kejriwal from the post of chief minister following his arrest by the Enforcement Directorate in Delhi liquor policy case.
A bench headed by Acting Chief Justice Manmohan refused to comment on the merits of the issue, saying the same fell outside the scope of judicial interference.
"It is for the other wings of the government to examine in accordance with the law," the bench, also comprising Justice Manmeet PS Arora, said, reported news agency PTI.
During the hearing, the court asked petitioner Surjit Singh Yadav's counsel to show the legal bar on the continuation of Arvind Kejriwal as the chief minister.
"There may be practical difficulties, but that is something else. Where is the legal bar?" the court asked.
The fresh PIL stated that the Constitution did not visualise a situation where, in the event of arrest, the Chief Minister could run his government either from judicial custody or from police custody.
“Therefore, the makers of the Indian Constitution have carefully made provisions in Article 163 & 164 to the effect of the Council or Minister with the Chief Minister as the head to aid and advise the Governor to exercise his functions except discretionary functions or the Governor under the Constitution,” the plea said.
"Arvind Kejriwal, as a Chief Minister of NCT of Delhi has committed a breach of the constitutional trust reposed in him by the Constitution of India as soon as he was arrested in connection with an ED under the Prevention of Money Laundering Act, 2002. Therefore, owing to constitutional morality, he ought to have resigned before being taken into custody by the investigating agency".
"However, Arvind Kejriwal decided to continue as Chief Minister and run the government either from police custody or judicial custody. Be it as it may, the arrest of Arvind Kejriwal as Chief Minister is in violation of constitutional trust, which is inhibited in Article 164 of the Constitution of India.Therefore, the Governor is under constitutional obligation to dismiss Arvind Kejriwal from the office of Chief Minister," stated the fresh petition.
