On Thursday, the Delhi High Court dismissed a Public Interest Litigation (PIL) requesting the ousting of Arvind Kejriwal from his position as Chief Minister of Delhi following his arrest by the Enforcement Directorate (ED) in connection with the liquor policy case.

Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, constituting a division bench, stated that the petitioner did not provide evidence of any legal restriction preventing an arrested Chief Minister from continuing in office. The Chief Justice, orally addressing the petitioner, asked them to demonstrate any specific legal prohibition they were asserting.

The bench additionally emphasized that there is no room for judicial intervention in this matter, as it falls within the purview of the executive to address and assess.

"If there is a constitutional failure, President or Governor will act on it...Is there any scope for judicial interference in this? The LG is examining the issue. It will go to the President. It belongs to a different wing. There is no scope for judicial interference in this."

The plea was filed by Surjit Singh Yadav, a resident of Delhi identifying himself as a farmer and social worker. Yadav argued that a Chief Minister facing allegations of financial misconduct should not be allowed to remain in public office. 

In the PIL, Yadav argued that allowing Kejriwal to remain in office would not only impede the due process of law and interfere with the course of justice but also risk a breakdown of the constitutional framework in the State. Yadav contended that Kejriwal's current situation, being in custody, renders him unable to fulfill the requirements outlined in Article 163 and 164 of the Constitution of India.

Yadav had prayed the Court to issue a writ in the nature of Quo Warranto, calling upon Kejriwal to answer under what authority he is holding the post of CM and consequently remove him.

Notably, Yadav has also filed another PIL seeking to prevent Kejriwal from issuing directions or orders while in ED custody. The plea is yet to be listed.