Delhi HC Refuses Second PIL To Remove Arvind Kejriwal As Delhi CM

NEW DELHI: The Delhi High Court, on Thursday, refused the second PIL to remove Arvind Kejriwal from the post of Delhi Chief Minister following his dramatic arrest by the Enforcement Directorate (ED) in a money-laundering case linked with the Excise Policy.

The court remarked that the personal interest has to be subordinate to the national interest but added that is Kejriwal's personal opinion.

“At times, personal interest has to be subordinate to national interest. But that is his (Kejriwal's) personal opinion. If he does not want to do that it's upto him. We are a court of law…Do you have any precedent that president's rule or governor's rule has been imposed by the court?” the bench remarked, according to the Live Law.

A division bench comprising of acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora presided over the hearings of the case.

The two-judge bench rejected the PIL filed by Vishnu Gupta, who is a social worker and National President of Hindu Sena.

The court distanced itself from the matter by asserting that this case falls outside the purview of the judiciary as according to them, this is a practical issue and not a legal one.

The court passed the ball into the Governor's court by saying that the constitutional authority is fully competent and does not need the guidance.

Furthermore, the bench remarked that it had recently dismissed a similar PIL seeking removal of Kejriwal from the post of Chief Minister and thus, it cannot take a different view.

“There has to be some certainty in courts. We have laid down a precedent and it has to be followed. It cannot be that one day we take one view and another day we take a different view,” the bench said.

“Constitutional morality will be considered by LG. He will consider it and the PM. They are the authorities. Everything cannot be done by the courts. We don't administer the State. Next time there is a war with a neighbouring country, you'll say… this matter will reach a right conclusion,” the court said, as per Live Law.

Meanwhile, as the court refused to interfere in the issue, petitioner Vishnu Gupta's lawyer said he has instructions to withdraw the petition, adding that he will approach the Lieutenant Governor with his plea.

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