Supreme Court rejects plea to sack Kejriwal as Delhi CM, says 'no legal merit'
A bench of Justice Sanjiv Khanna and Justice Dipankar Datta said it was up to Delhi LG VK Saxena to act, if the situation warranted intervention, and refused to interfere
The Supreme Court on Monday (May 13) rejected a petition seeking the removal of Arvind Kejriwal as the chief minister of Delhi following his arrest in March in the alleged liquor policy scam. The plea was filed by Kant Bhati, who challenged a Delhi High Court order last month quashing his request to sack Kejriwal.
A bench of Justice Sanjiv Khanna and Justice Dipankar Datta said it was up to Delhi LG VK Saxena to act, if the situation warranted intervention, and refused to interfere. The court said there was no legal merit to the petition and noted, “Ultimately it is a matter of propriety.” “How can we go into all this... let the LG take action if he wants to...,” the court said.
May intensify tussle
However, the court’s stand on the issue may open a new front in the ongoing tussle between the AAP government and LG Saxena, particularly in the aftermath of the latter calling for an anti-terror probe into allegations that the chief minister received funding from the banned Sikhs For Justice group
There has been a spurt in petitions asking the courts to force Kejriwal to resign ever since the AAP leader was sent to Delhi’s Tihar Jail last month, and have continued since his release last week on interim bail. In April the Delhi High Court junked – for a third time – a plea by a Hindu group seeking the AAP boss’ removal; the court said “let democracy take its own course”.
“He (Saxena) doesn't need our guidance. We are nobody to advise him. He will do whatever he has to, in accordance with the law,” a bench led by acting Chief Justice Manmohan said.
Similar plea rejected
The court dismissed a similar plea back in 2019, when Kejriwal was facing prosecution in a criminal case. “Prosecution is still going on. He may get acquitted. What will you do then? Come after he is convicted,” a bench led by then Chief Justice Rajendra Menon said then, “Nothing doing.”
Kejriwal was arrested March 21 in connection with the alleged liquor policy scam that roiled the AAP weeks before the election. The Enforcement Directorate has claimed the (now scrapped) policy allowed the Delhi government to receive kickbacks for license allotment.
These kickbacks amounted to Rs 100 crore, the ED has alleged, and was used to fund the AAP's election campaigns in Goa and Punjab. The party and its chief Kejriwal have denied all charges and have accused the BJP of making false accusations to discredit the party and its leaders before the election.
Granted interim bail
Kejriwal, who refused to step down as the chief minister after his arrest, pointing out he has yet to be convicted and even passing a few orders to his government, was released on interim bail last week.
The court acknowledged he had to campaign for his party before Delhi's Lok Sabha poll on May 25.
Underlining Kejriwal's position as an elected chief minister, the court said, "... these are extraordinary circumstances, and he is not a habitual offender. This is a question of public interest."
The ED had opposed bail for Kejriwal declaring no politician could claim "special status" higher than that of a citizen, and is as liable to be arrested for committing offences as any other person.
Kejriwal is out on interim bail till June 1; he must surrender to prison authorities by June 2. He had sought an extended bail – till after the results are declared on June 4 – but the court declined it.
