‘Your focus is on power, not work’: HC pulls up Kejriwal

A bench of acting chief justice Manmohan and justice Manmeet PS Arora rebuked AAP govt’s focus on ’appropriating power’

NEW DELHI: The Delhi high court on Friday delivered a scathing critique of jailed Delhi chief minister Arvind Kejriwal and his government over the failure to provide essential supplies such as books and uniforms to nearly 200,000 students in municipal schools, observing that they seemed more focused on consolidating power than on addressing ground-level issues.

A bench of acting chief justice Manmohan and justice Manmeet PS Arora rebuked the Aam Aadmi Party (AAP) government’s focus on “appropriating power”, and said that Kejriwal’s decision not to resign despite being arrested in a money laundering case was an example of putting personal interest above national interest.

Kejriwal, who was arrested by the Enforcement Directorate (ED) on March 21 in connection with the Delhi excise policy case, is currently in judicial custody. He has denied all charges.

“As a court, distribution of books, uniforms etc…this is not our job. We are doing this because someone is failing in their job...your client is just interested in power. I don’t know how much power do you want? The problem is because you are trying to appropriate power which is why you are not getting power,” the court told the Delhi government’s counsel Shadan Farasat.

Farasat told the court that Delhi’s urban development minister Saurabh Bhardwaj has instructed him that in the absence of a standing committee of the Municipal Corporation of Delhi (MCD), further powers could only be delegated with Kejriwal’s consent, who is currently in custody in Tihar jail.

He added that the standing committee could not be constituted due to the “unilateral and illegal” appointment of 10 aldermen by lieutenant governor VK Saxena, and that this issue was currently pending before the Supreme Court. As a result of the absence of the standing committee, several projects valued at over ₹5 crore were stalled, said the lawyer.

But the bench refused to accept Farasat’s submissions, emphasising that the government’s functioning should not halt due to Kejriwal’s arrest, and pointed out that the high court had denied a number of petitions asking for orders to remove him from office.

“We have said (while dismissing petitions to remove Kejriwal as CM) that it’s the personal call of the chief minister. That’s the personal call of the chief minister that he wants the government to be paralysed. We have said so very politely that personal interest at times should subsist in national interest. But your client has placed personal interest at the highest,” the bench said.

The court was addressing a PIL, filed by non-profit Social Jurist, highlighting the plight of students in municipal schools who are without textbooks and studying in poor conditions. The MCD commissioner said that nearly 200,000 students lacked essential

HC says Kejriwal’s decision not to resign despite arrest is an example of putting personal interest above national interest

Court reserved its order for

WHAT THE COURT SAID

“As a court, distribution of books, uniforms etc…this is not our job. We are doing this because someone is failing in their job...your client is just interested in power” “That’s the personal call of the chief minister that he wants the government to be paralysed. We have said so very politely that personal interest at times should subsist in national interest. But your client has placed personal interest at the highest”

“Arrogance of power at its highest.

This is just a person who’s looking for more and more power. Your client is just shedding crocodile tears. Your intent is just to appropriate power.” amenities due to the non-formation of standing committees, which are essential for decision-making regarding contracts worth over ₹5 crore.

The court was informed that students do not have bank accounts and are not been distributed notebooks nor cash reimbursement for uniforms, school bags and stationery. The petition, argued through advocate Ashok Agarwal, asked the MCD and DOE to issue directives guaranteeing that children enrolled in their schools had active bank accounts.

The court’s anguish came after an approval that could ensure availability of textbooks and study material to the children was left hanging because the CM is unable to clear the proposal due to his detention.

The bench said that the AAP government has taken a “conscious call” to say that Kejriwal would run the administration of the Capital from jail.

“We will not wait for your approval. People can’t be without notebooks. The choice is yours. It is your choice that the CM will continue despite being in jail. It’s your call. This is your conscious call. This is your administration’s call; we have been resisting it all through this time. Your client doesn’t feel... At the expense of children, no further time can be given. See the situation, how bad the situation is. Don’t expect the court to give you opportunities,” the court thundered.

“Arrogance of power at its highest. This is just a person who’s looking for more and more power. Your client is just shedding crocodile tears. Your intent is just to appropriate power. You are forcing us to say that you have placed your personal interest in the highest and not the national interests. Your intent is something different. I’m sorry to say that you have placed your interest above the national interest, above the interest of the students. That is very very clear and we are going to give that finding,” it added.

The bench also criticised education minister Saurabh Bhardwaj for disregarding the students’ situation, and expressed disappointment at his conduct. It warned the government not to underestimate its authority, and emphasised that children’s welfare should not be traded for political gains.

It reserved its order for April 29.

Kejriwal was arrested on March 21 by ED over his alleged involvement in the nowscrapped 2021-22 state excise policy, after the Delhi high court denied his request for interim protection from arrest. Hours after his arrest, Delhi minister Atishi said that Kejriwal would continue as the chief minister and run the city government from prison.

In a statement, the AAP said the civic body’s work was halted due to a “lack of a standing committee”.

“The standing committee matter is pending in the Supreme Court. LG VK Saxena responsible for not forming standing committee as the LG had appointed nominated councillors illegally and the standing committee was not formed because of the LG adopting illegal methods.”the Bharatiya Janata Party (BJP), meanwhile, said the court’s statement was a “wake up call for Arvind Kejriwal to resign.”