By Dr. Gyan Pathak
Delhi High Court’s remark on the third plea, after rejection of the two earlier, seeking removal of Delhi Chief Minister Arvind Kejriwal is significant. The petitioner deserved to have “heavy costs” imposed on him since the petition was filed for “publicity”. The earlier two pleas were already rejected since an elected chief minister has right to rule even from behind the bar, much to the chagrin of the Union Government led by PM Narendra Modi that has made Arvind Kejriwal a detenu on charges of money laundering.
Arvind Kejriwal was arrested on March 21, on the eve of Lok Sabha election 2024, in which PM Modi and his party BJP are seeking for their third term. He has been put in jail in Delhi Liquor Policy Scam case of 2021-22. Since AAP-Congress alliance is chief contestant against BJP in Delhi, his arrest has been largely seen as political.
Such political rivalry stemmed from the fact AAP leader Arvind Kejriwal had served humiliating defeat to PM Modi led BJP in Delhi Vidhan Sabha election in 2015 by winning 67 seats, and in 2020 by winning 62 seats. BJP could win only 3 and 8 seat respectively in a 70-member assembly.
Despite the defeat PM Modi tried his best to rule Delhi by proxy. Chief Ministers powers to govern were clipped by Government of NCT of Delhi (Amendment) Act, 2021, and definition of government was changed to mean “Lieutenant Governor”. State government then had to take prior permission from Lieutenant Governor. AAP Government contested it in the Supreme Court of India, which gave its verdict that power rests in State Government not in Union Government through Lieutenant Governor. Union Government then brought another amendment in 2023, and put administrative officers directly under Lieutenant Governor. Delhi Government against went to Supreme Court with complaint that officers are not obeying orders of the government, and even budget allocations made by Vidhan Sabha are not released, the recent case pertains to Delhi Jal Board and the Supreme Court has ordered Finance Secretary to release funds.
Delhi Chief Minister Arvind Kejriwal had issued first order from jail and asked the government to see that people must not suffer on account of water supply. Lieutenant Governor of Delhi made a statement that Delhi will not be allowed to govern from jail. Now Lieutenant Governor has complained to the Union Ministry of Home Affairs that Delhi Ministers are refusing to attend meetings called by him.
This is the sorry state of affair in governance of Delhi, where elected political party under the leadership of the Chief Minister Arvind Kejriwal is not allowed to govern by PM Narendra Modi led Union Government through legislations and trying to rule by proxy through Lieutenant governor. It is in this backdrop when Arvind Kejriwal was arrested on March 21, BJP and their supporters demanded Kejriwal’s resignation, and when he refused to resign, and ordered his first order from Enforcement Directorate’s custody, ED officials said that they would take action and probe how it happened in their custody where even stationary was not allowed. ED officials’ intention ran contrary to the right to rule of the elected chief minister.
Delhi High Court Judge Justice Subramonium Prasad’s remark that he would have imposed heavy costs on the petitioner seeking removal of Arvind Kejriwal from the post of Chief Minister is extremely significant in this background. He remarked this after he ordered transferring the appeal to the bench headed by the Acting Chief Justice, since he had already disposed of two similar matters earlier. The latest appeal was made by a former AAP leader, on the ground of chief minister’s “unavailability” for people and officials that has complicated the constitutional mechanism thereby he can never function as the chief minister from prison according to the mandate of the Constitution of India.
The petitioner has said that the aid and advice to the Lieutenant Governor are practically not possible, especially in relation to the mater of legislative assembly. The matter will now be heard by the Acting Chief Justice on April 10. It was only on April 4, the bench comprised of Acting Chief Justice Manmohan and Justice Manmeet PS Arora had refused to entertain a PIL on the issue, saying it was Kejriwal’s personal choice to continue as the Chief Minister. Even before that the bench had dismissed a similar PIL observing “show any legal bar that prohibited the arrested chief minister from holding office” adding that there was no scope for judicial interference in the matter and that it was for the other organs of the state to look into the issue, such as Lieutenant Governor and President of India.
It must be noted that several AAP leaders have been put behind bar as detenu, investigation goes on, many more are being raided and summoned, and there is no chance of beginning of the trial in this case in near future. PMLA is a draconian law in which people can be detained and put behind bar for investigation, without proof, and without trial for a considerable period of time as the Union Government thinks it appropriate. (IPA Service)
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