SC dismisses plea seeking Arvind Kejriwal's removal as Delhi chief minister

The Supreme Court has rejected a petition requesting the removal of Aam Aadmi Party (AAP) chief Arvind Kejriwal from his position as Chief Minister of Delhi following his arrest by the Enforcement Directorate in the Delhi excise policy case.

The bench comprising Justices Sanjiv Khanna and Dipankar Datta upheld the decision of the Delhi High Court, which had previously dismissed a similar plea. The Supreme Court pointed out that the petitioner, Kant Bhati, was not the original petitioner before the High Court, questioning the legal basis of the plea.

Justice Khanna remarked, "What is the legal right? Why should we go into all this? On propriety you may certainly have something to say but no legal right. Let the LG take action if he wants to....we are not inclined."

The genesis of the case traces back to a public interest litigation filed by Sandeep Kumar before the Delhi High Court. This PIL sought clarification regarding Kejriwal's authority to hold the office of Chief Minister under Article 239AA of the Constitution, along with a demand for his removal from office following an inquiry.

The petitioner argued that Kejriwal's judicial custody in the Delhi Liquor Policy case rendered him incapable of fulfilling his constitutional duties. The High Court, however, dismissed the PIL on April 10, citing its repetitive nature and the petitioner's apparent pursuit of publicity.

The Supreme Court's decision to dismiss the plea reaffirms Kejriwal's position as Chief Minister of Delhi. It's noteworthy that the Court had previously granted Kejriwal interim release from judicial custody until June 1.