Delhi HC states plea to remove Kejriwal as CM is for "publicity"

Delhi High Court on Monday, 8 April said the plea was filed for "publicity" and "heavy costs" should be imposed on former Aam Aadmi Party (AAP) MLA Sandeep Kumar, who filed a plea seeking removal of Arvind Kejriwal from the post of chief minister. This was the third plea that was filed for Kejriwal's removal from the CM post.

Justice Subramonium Prasad noted that similar petitions had already been disposed of by a division bench headed by Acting Chief Justice Manmohan and transferred the petition to a bench led by Acting Chief Justice Manmohan. Justice Prasad said that when similar matters had already been heard and rejected by the division bench, then this plea should also be transferred to them.

The matter has now been listed for hearing before the Acting Chief Justice bench for Wednesday (10 April).

In the petition, Kumar was seeking a writ of quo-warranto against Kejriwal alleging that he has incurred the “incapacity” to hold the office of Chief Minister of Delhi after he was arrested by the Enforcement Directorate on March 21 in the excise policy case and subsequently remanded to police and judicial custody.

Former AAP MLA Sandeep Kumar’s plea had said that Kejriwal’s continued hold on the CM’s office not only brings up constitutional complications but also violates the Right to Life guarantee of the people of Delhi.

Earlier, on 4 April, a bench comprising acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora declined to entertain a Public Interest Litigation (PIL) on the matter, stating that Kejriwal's continuation as chief minister was a matter of personal choice.

The bench had previously also dismissed a similar PIL, noting the petitioner's failure to demonstrate any legal impediment preventing the arrested chief minister from holding office. It was emphasised that judicial intervention was unwarranted, as this matter fell within the purview of other state organs.

Another PIL filed by a Delhi resident, Surjit Singh Yadav, was dismissed by the High Court on 28 March.

Delhi Chief Minister Arvind Kejriwal was arrested on 21 March after he failed to appear before the investigation agency, despite nine summonses, which he deemed "illegal."

The case pertains to alleged irregularities and money laundering in framing and implementing the Delhi Excise Policy 2022, which was later scrapped.

Former deputy CM Manish Sisodia, former Delhi health minister Satyender Jain and Rajya Sabha MP Sanjay Singh have also arrested in connection with the case. However, Singh was granted bail following a directive from the Supreme Court.