HC rejects PIL to remove Arvind Kejriwal as Delhi CM; Delhi court extends ED custody

Arvind Kejriwal in Delhi court

Team News Riveting

New Delhi, March 28

The Delhi High Court on Thursday rejected a public interest litigation (PIL) petition seeking removal of Arvind Kejriwal from the post of Delhi Chief Minister following his arrest by the Enforcement Directorate (ED) in connection with the alleged Delhi excise policy scam.

A Division Bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora said that it was for the executive and the President to examine the issue. The Court cannot interfere with the same, the Bench added.

“Is there any scope for judicial interference? We read in today’s newspaper that LG is examining the issue. It will then go before the President. That is for a different wing. We understand that there may be some practical difficulties. Why should be pass any orders? We don’t have to give President or LG any guidance. The executive branch imposes Presidential rule. It is not for us to guide them. How can we interfere in this? I am sure executive branch is examining all this,” the Court said.

The Court also said that there is no legal bar in Kejriwal continuing as the CM. “You will have to show us some bar or prohibition that prohibits him from being a CM. If there is any constitutional failure the President or Governor will act on it. It may take some but I am sure they will decide this. The situation today is something that was not imagined. There is no legal bar today,” the bench remarked.

The Court also made it clear that it will not get into politics and the people will eventually decide these issues. “We should not get into this politics. The political parties will get into this. They will go before the public… It is not for us,” the Court underscored.

Hence, it proceeded to dismiss the case.

Meanwhile, a Delhi court today extended the ED custody over Delhi Chief Minister Arvind Kejriwal till April 1. Special Judge Kaveri Baweja passed the remand extension order.

Kejriwal was arrested on March 21 by the ED on allegations that he was the “key conspirator” in the money laundering case registered in the matter.

Representing the ED, Additional Solicitor General SV Raju had argued that Kejriwal’s statements to the ED’s questioning has been evasive. He added that Kejriwal was not cooperating with the ED, including by refusing to disclose certain passwords and income tax returns. He reiterated the ED’s claim that laundering money was used to fund the Aam Aadmi Party’s election campaign in Goa.

The Delhi Chief Minister personally addressed the Delhi court today and did not oppose the ED’s remand extension request.

“Ham ED ki remand oppose nahi kar rahe. Jitne din chaahe wo mujhe custody me rakh le. Par ye ghotala hai (They can keep me in custody for as long as they want. But this is all a scam),” Kejriwal said.

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