A petition has been filed in the Delhi High Court, under the purview of public interest litigation (PIL), requesting the ousting of Arvind Kejriwal from his position as Chief Minister (CM) of Delhi.
The PIL has urged both the Central and Delhi governments to clarify the legal basis upon which Arvind Kejriwal holds the position of Chief Minister. Kejriwal's arrest on March 21 by the Enforcement Directorate (ED) in connection with the money laundering case linked to the Delhi Excise Policy, following a late-night search at his residence, underscores the urgency of this inquiry.
Despite seeking interim protection from arrest, Arvind Kejriwal was denied such relief by the Delhi High Court. The petition refers to television interviews given by Delhi Legislative Assembly Speaker Ram Niwas Goel and Delhi Education Minister Atishi, wherein they asserted that Kejriwal would not step down and would continue to govern even if incarcerated.
In light of these circumstances, the petition argues that allowing Arvind Kejriwal to remain in his role as Chief Minister would not only impede the due process of law and interfere with the course of justice but could also result in the breakdown of the constitutional machinery in Delhi. Therefore, it asserts that individuals occupying high offices must adhere to the Constitution and refrain from violating the law.
Additionally, the petition contends that a Chief Minister accused in a financial scandal should not be allowed to continue in office, as such an individual has relinquished their right to hold a public position that requires a high standard of constitutional morality.
The plea has also underscored that as Chief Minister, Arvind Kejriwal would have the authority to demand access to investigation files in cases where he is implicated as an accused.
The petition has been lodged by Sukhbir Singh Yadav, who had recently filed another Public Interest Litigation (PIL). This prior PIL sought directives to the Election Commission of India (ECI) and the Ministry of Home Affairs (MHA) to initiate action against Rahul Gandhi, Akhilesh Yadav, and Arvind Kejriwal. The action was sought on the grounds of allegedly making "misleading and false statements" against the government, which purportedly undermined the "credibility of India."
The PIL was rejected by a Bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora. The Bench remarked that the discernment of Indian voters should not be underestimated, as they are capable of distinguishing between truth and falsehood.
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