'No scope of judicial interference': Delhi HC dismisses PIL to remove Arvind Kejriwal from CM post after arrest

A bench headed by Acting Chief Justice Manmohan refused to comment on the merits of the issue, saying the same fell outside the scope of judicial interference.

New Delhi: The Delhi High Court on Thursday rejected a plea to remove Arvind Kejriwal as Chief Minister of Delhi after his arrest by the Enforcement Directorate in the liquor policy scam case. 

A bench of Acting Chief Justice Manmohan and Justice Manmeet P S Arora said the matter is left to be examined by other wings of the government as it fell outside the scope of judicial interference.

The court declined to entertain a PIL by one Surjit Singh Yadav, who claimed that individuals accused of financial wrongdoing should be held to higher standards, and their presence in public roles posed a potential threat to the integrity of democratic institutions.

The bench also asked the counsel to show the legal bar on continuance of Kejriwal as Chief Minister.

"If there is a constitutional failure, President or Governor will act on it. Is there any scope for judicial interference in this? The Lieutenant Governor is examining the issue. It will go to the President. It belongs to a different wing. There is no scope for judicial interference in this," the bench said.

The petitioner contended Kejriwal's continuance as CM would not only lead to obstruction of due process of law and disrupt the course of justice, but also would lead to a breakdown of the constitutional machinery in the State as Kejriwal does not satisfy most of the limbs of Article 163 and 164 of the Constitution, owing to his incarceration.

Since he is in custody, he has disabled himself from performing duties and responsibilities of a public servant, the plea claimed.

Kejriwal was arrested on March 21, 2024 by the Enforcement Directorate which called him as kingpin and main conspirator behind the liquor policy scam. A Delhi court on Thursday extended his custody remand till April 1, 2024.