HC asks EC to submit note on Kejri running govt from jail
PIL seeking directions to prevent jailed Delhi CM from passing orders disposed
NEW DELHI: The Delhi High Court on Monday asked the Enforcement Directorate (ED) to submit its note to the special judge, dealing with the excise policy-linked money laundering case in which Chief Minister Arvind Kejriwal has been arrested, on the issue of the CM passing orders while in custody.
A bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora said the special judge is directed to pass an order, if required, as per the law. It clarified that it has not commented on the locus standi of the petitioner.
The court disposed of a public interest litigation that sought directions to prevent Kejriwal from issuing orders in his capacity as the chief minister while in ED custody, contending that it was against the legal framework.
“This court directs Respondent No. 2 (ED) to bring its contents/ note to the notice of the said judge who is directed to pass an order in accordance with law, if required,” the bench said.
During the hearing, the ED’s counsel said the agency was seized of the issue raised in the petition and that it was not providing any infrastructure to Kejriwal for passing orders. “The petitioner’s apprehension or understanding is that ED has provided apparatus and infrastructure to the chief minister but this is not the case. We have not provided anything to him. We have done some investigation. If the process has been misused by way of ‘mulakat’, it will have to be looked into. Today it is not disputed that an order has been passed by him in custody.”
To this, the court asked the agency’s counsel to bring it to the notice of the special judge dealing with the case and suggested that the plea be treated as a representation by ED.