Delhi HC dismisses 3rd plea seeking removal of Kejriwal from CM’s post

New Delhi: The Delhi High Court on Wednesday came down heavily on former Aam Aadmi Party (AAP) MLA Sandeep Kumar for seeking the removal of Arvind Kejriwal from the post of Chief Minister of Delhi, also noting the frivolity of his petition.

Referring it to a recurring film sequel, the court expressed displeasure at being embroiled in what he termed a “political thicket”. The court stressed the need to deter such repetitive litigation by imposing significant costs on Kumar.

“This is not a James Bond movie sequel,” the court said.

When the plea came up before Justice Subramonium Prasad on Monday, he had said that it was nothing but a “publicity interest petition”. The court’s remark had come after a division bench headed by Acting Chief Justice Manmohan had refused to entertain a similar PIL last week. The petition, filed by Hindu Sena President Vishnu Gupta, claimed that the situation after CM Kejriwal’s recent arrest by the ED constitutes a breach of constitutional trust mandated by the Constitution.

Kumar’s plea marked the third unsuccessful similar petition, with the court imposing a hefty fine of Rs 50,000 on him.

On Wednesday, a division bench of Acting Chief Justice Manmohan and Justice Manmeet P.S. Arora questioned the basis of Kumar’s plea and reminded his counsel of previous rulings rejecting similar petitions. Despite warnings from the bench, Kumar’s counsel persisted in arguing the case, prompting the court to assertively impose the fine.

Dismissing Kumar’s arguments and criticising him for attempting to politicise the proceedings, the court stressed its role as a judicial body and urged Kumar to refrain from turning the courtroom into a platform for political discourse.

Kumar defended his actions, stating that he approached the court in his individual capacity, not as part of a public interest litigation (PIL). However, the court remained resolute in its stance.

With the imposition of the Rs 50,000 fine, the court sent a clear message that such baseless petitions would not be tolerated, reaffirming its commitment to upholding the rule of law and judicial decorum.

Stating that CM Kejriwal is the ex-officio Vice Chairman of the State Disaster Management Authority under Section 14 (4) of the Disaster Management Act, who presides over the meeting of the state authority in the absence of its Chairman, Sandeep Kumar had submitted that the CM cannot discharge his duty on this count while in custody.

“A disaster may happen suddenly, at any time, and therefore the unavailability of the Chief Minister may result in paralysing disaster management in Delhi, which may affect the right to life of all the citizens under Article 21 of the Constitution of India.

“It is submitted that the job under the Disaster Management Act, 2005 is an all-time job and no risk can be taken in this matter by leaving this to the fate of the Chief Minister, who is currently under judicial custody,” Kumar had said in his plea.

“The Chief Minister while lodged in jail has incurred an incapacity to carry out his constitutional obligations and functions under Articles 239AA (4), 167 (b) and (c) and proviso to sub-section (4) of Section 14 of the Disaster Management Act, 2005 and hence he can no longer function as the Chief Minister of Delhi,” the petition read.

The petitioner had also said that CM Kejriwal, while in jail, prevents the Lieutenant Governor from exercising his Constitutional obligations and functions under Article 167 (c) of the Constitution, which is identical to Section 45 (c) of the Government of National Capital Territory of Delhi Act, 1991, and for this reason also, he cannot continue in office.


NEET row: SC calls for Bihar Police report, orders NTA to upload centre-wise results

New Delhi: The Supreme Court on Thursday sought a copy of the report of Bihar Police and its Economic Offences Unit (EOU) in relation to the NEET-UG question paper leak...

SC dismisses review plea filed against its verdict on Adani-Hindenburg issue

New Delhi: The Supreme Court has dismissed a review petition filed against its January 3 verdict refusing to form any SIT or group of experts to conduct an investigation into...

SC issues notice on divorce plea filed by ex-J&K CM Omar Abdullah

New Delhi: The Supreme Court on Monday issued notice on a plea filed by former J&K Chief Minister Omar Abdullah seeking divorce from his wife, Payal Abdullah. A bench of...

Mere pronouncement of ‘Talaq’ 3 times does not end Muslim marriage: J&K High Court

Srinagar: In a judgement of far-reaching consequences, Jammu & Kashmir High Court has ruled that a mere pronouncement of the word ‘Talaq’ three times by the husband is not enough...

SC order on CM Kejriwal’s bail, not a victory but a setback, says BJP

New Delhi: The Bharatiya Janata Party (BJP) took potshots at the "celebrations" in Aam Aadmi Party (AAP) camp over interim bail granted to party convener Arvind Kejriwal by the Supreme...

SC grants interim bail to Kejriwal, asks him to take a call on stepping down from CM’s post

New Delhi: The Supreme Court on Friday asked Delhi Chief Minister Arvind Kejriwal to take a call on stepping down from his post. "We are conscious that Arvind Kejriwal is...

‘Move high court’, SC refuses to entertain PIL seeking probe into Hathras stampede

New Delhi: The Supreme Court on Friday refused to entertain a PIL seeking the immediate constitution of a five-member expert committee under the supervision of a retired apex court judge...

Woman’s live-in partner cannot be prosecuted for cruelty as husband, says Kerala HC

Kochi: In a significant ruling, the Kerala High Court stated that a woman's partner, who is not legally married, cannot be prosecuted under Section 498A of the IPC for the...

Divorced Muslim woman can seek maintenance from husband: SC

New Delhi: The Supreme Court on Wednesday ruled that a divorced Muslim woman is eligible to maintain a petition under Section 125 of the Code of Criminal Procedure (CrPC) seeking...

SC adjourns hearing on ex-TN Minister Senthil Balaji’s bail plea

New Delhi: The Supreme Court on Wednesday deferred till July 12 hearing on the bail plea of DMK leader and former Tamil Nadu Minister V. Senthil Balaji, who was arrested...

SC sets aside bail condition requiring accused to drop pin on Google Maps with IO

New Delhi: The Supreme Court on Monday set aside a bail condition requiring an accused to drop a pin on Google Maps with the investigation officer of the case. A...

Liquor policy: Delhi HC issues notice on CM Kejriwal’s bail plea in CBI case

New Delhi: The Delhi High Court on Friday issued a notice to the CBI on a bail plea filed by Chief Minister Arvind Kejriwal in connection with the corruption case...

Read Previous

Close shave for Maha Congress chief as truck hits car; Nana Patole smells a plot

Read Next

Samajwadi Party releases manifesto, promises caste census by 2025

Leave a Reply

Your email address will not be published.

WP2Social Auto Publish Powered By :