GUWAHATI: The Supreme Court, on Monday, May 13, dismissed a petition seeking the removal of Aam Aadmi Party (AAP) Chief Arvind Kejriwal from his position as Chief Minister of Delhi, following his arrest by the Enforcement Directorate in the liquor policy case.
A bench comprising justices Sanjiv Khanna and Dipankar Datta declined to interfere with the Delhi High Court's decision to reject the plea against Kejriwal's continuance as chief minister. The bench highlighted that the petitioner, Kant Bhati, had not been the original petitioner before the High Court, questioning the legal basis of the intervention.
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Addressing the petitioner, Justice Khanna remarked, "What is the legal right? Why should we go into all this? On propriety, you may certainly have something to say, but no legal right. Let the LG take action if he wants to....we are not inclined."
The bench's order stated, "We are not inclined to interfere with the impugned judgement. The Special Leave Petition is dismissed."
The case originated from a public interest litigation (PIL) filed by Sandeep Kumar before the Delhi High Court, seeking a writ of quo warranto against Kejriwal to challenge his authority to hold the office of Chief Minister under Article 239AA of the Constitution. The PIL also sought Kejriwal's removal from office following an inquiry.
The petitioner argued that Kejriwal's judicial custody in the Delhi Liquor Policy case rendered him incapable of fulfilling his constitutional duties under Articles 239AA (4), 167(b), and (c) of the Constitution, thereby disqualifying him from serving as Chief Minister.
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Furthermore, the petitioner alleged that the absence of access to the Chief Minister was hindering the Lieutenant Governor's ability to fulfill his constitutional obligations under Article 167(c) of the Constitution.
On April 10, the Delhi High Court dismissed the PIL and imposed a fine of Rs. 50,000, deeming it a publicity-seeking endeavour. The court noted the petitioner's persistence despite the rejection of similar requests in three previous orders.
It is notable that the Supreme Court recently granted Kejriwal interim release from judicial custody until June 1.
