Remedy lies elsewhere, says Delhi HC as it rejects plea for Kejriwal’s removal

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A bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora said courts do not remove a chief minister

Delhi chief minister Arvind Kejriwal being taken to a court on Monday. (HT PHOTO)

The Delhi high court on Thursday rejected another plea seeking chief minister Arvind Kejriwal’s removal, saying courts will not enter into “this thicket” and that remedy lies with some other authority.

A bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora said courts do not remove a chief minister. It added that is to be done by the legislature. The bench said the lieutenant governor (LG) was examining the situation. “At times personal interest has to be subordinate to national interest but that is his [Kejriwal]’s personal call. The other forum is already seized of the matter. The remedy does not lie in this court. The remedy lies with some other authority. You go to them,” the bench said, allowing Vishnu Gupta, president of Hindu Sena, to withdraw his petition.

The court rejected Gupta’s prayer to direct the LG to implement the scheme of the Constitution for the functioning of the Delhi government. “Let the democracy take its way. It will take its own time to come to a conclusion. Constitutional morality is being considered by the governor and President. We do not administer the state.”

In his petition, Gupta said Kejriwal committed a breach of constitutional trust as soon as he was arrested. It added Kejriwal’s continuation as the chief minister is unconstitutional. The plea said the LG was under constitutional obligation to dismiss Kejriwal.

Gupta’s counsel argued a constitutional deadlock has been created in the capital following Kejriwal’s arrest since the Cabinet is no longer there.

Acting Chief Justice Manmohan rejected on Thursday a similar plea saying that it failed to show any legal bar against Kejriwal’s continuation as the chief minister. He said if any “constitutional failure” exists due to the arrest of a chief minister, it is for the President to act on it rather than the court.

Kejriwal was arrested on March 21 after the high court denied his request for interim protection in the Delhi excise policy case. Hours after his arrest, Delhi minister Atishi said that Kejriwal would continue as the chief minister and run the government from prison if needed. Since then, Kejriwal has issued two “orders” to his ministers from the custody.