The Delhi High Court on Thursday refused a third petition filed to remove Arvind Kejriwal from the post of Delhi Chief Minister following his arrest by the Enforcement Directorate in the Delhi liquor policy case.
However, the court remarked that “at times personal interest has to be subordinated to national interest but that is his (Kejriwal's) personal call.”
A Division Bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora refused to entertain a third plea saying that a similar PIL was earlier rejected by the court observing that there is no legal bar as such on a person continuing on the post of CM from jail. The court had said it is for the executive to decide and the LG and president will take call on this.
"Right or wrong, we have taken a view. Let me tell you this matter is like a James Bond film. There is only a sequel and no conclusion," ACJ Manmohan remarked.
Vishnu Gupta, president of an organisation named Hindu Sena had filed the plea. The high court asked him to approach the Lieutenant Governor with his plea.
ACJ Manmohan said that the high court has to let democracy take its own course.
"How can we declare that the government is not functioning? The LG is fully competent to decide it." ACJ Manmohan observed.
The Court further said that it will not interfere in the issue and petitioners' remedy lies before the President of India or the LG.
Gupta's counsel told the court that he has moved the court under the writ of quo warranto. He further said that Kejriwal is guilty of the constitutional breach of trust and has no right to continue as chief minister.
Yesterday, another bench of the high court reserved verdict in Kejriwal's challenge to his arrest by ED. The verdict is likely to be announced today.