Kejri as CM: ‘Not for court to act’
Delhi HC says Prez or Guv to decide if there is a constitutional failure
NEW DELHI: The Delhi High Court on Thursday rejected a PIL seeking the removal of AAP leader Arvind Kejriwal from the Delhi chief minister’s post following his arrest in an excise policy-linked money laundering case and said it cannot declare a breakdown of the constitutional machinery in the national capital and that there was “no scope of judicial interference on this aspect”.
A bench headed by Acting Chief Justice Manmohan said the petitioner did not show any legal provision prohibiting the Aam Aadmi Party (AAP) leader from running the government after his arrest to warrant any judicial interference and the executive would step in if there is a constitutional failure. “The President or Governor should act if there is a constitutional failure on it,” the bench said.
“There may be difficulties. It will be practically very very difficult. We accept all those. (But) Is there any scope for judicial interference in this, on this issue?” the bench, also comprising Justice Manmeet PS Arora, asked the petitioner’s counsel.
“This court in writ jurisdiction cannot remove or dismiss respondent no. 4 (Kejriwal) from the post of chief minister of the government of NCT of Delhi or declare a breakdown of the constitutional machinery... It is for the other organs of the State to examine the said aspect in accordance with the law. The present writ petition is dismissed,” the court said.
It clarified that it has not commented on the merits of the issue.
Petitioner Surjit Singh Yadav’s counsel argued that Kejriwal’s arrest adversely affected the Delhi government’s credibility in the eyes of the public and his continuation as chief minister would obstruct the due process of law and lead to a breakdown of the constitutional machinery in the capital.
Justice Manmohan said the court does not impose President’s or Governor’s rule and it is for the executive to look into the issue.