Delhi HC Refuses To Entertain PIL To Remove Chief Minister Arvind Kejriwal, Says Personal Interest Subordinate To National Interest But It's His Call

The Delhi High Court on Thursday refused to entertain a public interest litigation (PIL) seeking removal of Arvind Kejriwal, who has been arrested by the Enforcement Directorate (ED) in the liquor policy case, from the post of Chief Minister of Delhi.

“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?” a division bench headed by Acting Chief Justice Manmohan remarked. 

The court rejected the PIL filed by Vishnu Gupta, who is a social worker and National President of Hindu Sena. After some arguments, Gupta's counsel said that he has instructions to withdraw the PIL and to file a representation to the LG.

Gupta's counsel submitted that after the arrest of Kejriwal on March 21, there is an absolute lack of government in the national capital. He said that a constitutional deadlock has been created after the arrest. 

The bench told the counsel that his remedy lies elsewhere and that he should approach the constitutional authorities.

“This is a practical issue not a legal issue. We won't go into this. We will declare that the government is not functioning? Governor is fully competent. He does not need our guidance. There is a discretion to take the call. Let's not anticipate that they won't discharge their functions. We can't venture into this,” the bench said.

Gupta's counsel said that if Kejriwal is guilty of constitutional breach of trust, he has no business to continue on the post of Chief Minister. He said that someone else from the Aam Aadmi Party can be appointed on the post.

The bench remarked that it has 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.

Earlier, the bench dismissed similar PIL observing that the petitioner, Surjit Singh Yadav, failed to show any bar in the law which prohibits the arrested CM from holding office.

The court had observed that there is no scope of judicial interference in the matter and that it is for the other Organs of the State to examine the issue.

The fresh PIL submitted that Arvind Kejriwal has been arrested by ED in connection with an offence under PMLA and thus, he is guilty of breach of Constitutional trust reposed in him by the Constitution of India.

“The parliamentary democracy is the basis feature of the Indian Constitution and Chief Minister being the head of the State Government he is repository of constitutional responsibilities and trust. If the Chief Minister acts in a manner which offence rule of law and commits breach of the constitutional trust reposed in him,” the plea stated.

It added: “In that eventuality his dismissal from the Office of Chief Minister is inhibited in Article -164 of the Constitution of India. Therefore, the Respondent No.4 is guilty of breach of constitutional trust for allegation of corruption and consequently his arrest.”

Furthermore, the plea said that apart being in custody of the central probe agency, Articles 154, 162 and 163 are not being carried out by the Delhi Government since March 21 (the day of arrest) as no Cabinet Meetings are taking place to aid and advice the Governor in exercise of his executive functions.

“The Governor in accordance with Constitution is the basis structure of the Constitution of India and parliamentary democracy and if this situation has arisen where Constitution is not working, in that eventuality Writ of Mandamus may be issued to the Respondents for taking actions to implement the Constitutional Scheme for working of the Constitution of India,” the plea stated.

Kejriwal is currently in judicial custody. He was arrested on the night of March 21. On March 22, the trial court remanded him to six days of ED custody, which was extended by further four days. On April 01, he was remanded to judicial custody till April 15.

Title: VISHNU GUPTA v. UNION OF INDIA & ORS.

Citation: 2024 LiveLaw (Del) 404