A fresh petition has been lodged by the Hindu Sena in the Delhi High Court, reigniting the call for the removal of Arvind Kejriwal from his role as Chief Minister. Spearheaded by Vishnu Gupta, President of the Hindu Sena, the plea aims to prompt the court to instruct Delhi's Lieutenant Governor to oust Kejriwal from his position, advocating for governance of the capital to be overseen by the central government via the LG.

This move comes hot on the heels of a similar petition, which was dismissed by the Delhi High Court on Thursday. The initial plea sought Kejriwal's removal following his apprehension by the Enforcement Directorate in connection with the Delhi liquor policy case.

In response to the recent petition, a bench led by Acting Chief Justice Manmohan refrained from delving into the merits of the issue, asserting that it lay beyond the purview of judicial intervention.

"The matter falls under the jurisdiction of other branches of the government and should be assessed in accordance with the law," remarked the bench, also comprising Justice Manmeet PS Arora.

During the court proceedings, counsel for the petitioner, Surjit Singh Yadav, was prompted by the bench to elucidate the legal impediment to Kejriwal's continuance as Chief Minister. "While practical challenges may exist, the legal barrier remains unclear," the court posited.

In the fresh Public Interest Litigation (PIL), it was contended that the Constitution did not anticipate a scenario where the Chief Minister could administer the government from either judicial or police custody in the event of an arrest.

"Therefore, provisions have been meticulously enshrined in Article 163 & 164 of the Indian Constitution, delineating the role of the Council of Ministers, with the Chief Minister at the helm, to aid and advise the Governor in exercising his functions, barring discretionary ones," asserted the plea.

The petition further underscored that Kejriwal's arrest under the Prevention of Money Laundering Act, 2002, amounted to a breach of constitutional trust vested in him. Consequently, it advocated for his resignation prior to custody, citing constitutional morality.

"However, Kejriwal chose to persist as Chief Minister despite being taken into custody, either from police or judicial confinement. This arrest, in violation of constitutional trust as stipulated in Article 164, necessitates the Governor's constitutional obligation to relieve Kejriwal of his duties," the petition concluded.