Plea To Remove Arvind Kejriwal Rejected

The Delhi High Court on Thursday refused to entertain a petition seeking the removal of Arvind Kejriwal, who is lodged in Tihar Jail after his arrest in the liquor policy case, as the Chief Minister of Delhi. In a significant observation, a bench led by acting Chief Justice Manmohan said "let democracy take its own course".

This is the second petition to remove Kejriwal as Delhi CM that the High Court has dismissed.

The High Court asked the petitioner to approach the constitutional authorities. "At times, personal interest has to be subordinate to national interest, but that is his (Kejriwal's) personal call on whether to continue as the CM or not," the court said.

The court also refused to counsel Delhi Lieutenant Governor VK Saxena on forcing the Aam Aadmi Party leader to relinquish his post. The court said it was up to the Lieutenant Governor or the President to take a call on the issue. "How can we declare that the government is not functioning? He (Mr Saxena) doesn't need our guidance. We are nobody to advise him. He will do whatever he has to, in accordance with the law," the court said.

The petition was filed by Vishnu Gupta, a social worker and national president of the Hindu Sena. Gupta subsequently withdrew his petition and said that he would make a presentation before the Lieutenant Governor.

The petitioner's counsel said that after the arrest of Kejriwal on March 21, there was a "lack of government" in the national capital. "We are a court of law. Do you have any precedent where the President's rule or Governor's rule has been imposed by the court?" the bench said.

The court dismissed similar pleas last week. On March 28, the High Court dismissed a PIL filed by one Surjit Singh Yadav. The court had then said it was for the executive and the President to examine the issue and the court cannot interfere in the matter.