India
Supreme Court dismisses motion to remove Arvind Kejriwal from chief minister of Delhi
On Monday, the Delhi chief minister Arvind Kejriwal’s detention in the excise policy issue led to a plea that the Supreme Court dismissed. The top court stated that while it is an issue of propriety, Arvind Kejriwal’s dismissal as chief minister after his incarceration is not legally permissible.
The Delhi Lieutenant Governor, VK Saxena, is free to take action if he so chooses, but “we will not interfere,” according to the bench of Justices Sanjiv Khanna and Dipankar Datta. The Delhi High Court petitioner was not the same as the one who sought the Supreme Court, as the bench further noted with reference to Kant Bhati.
“What’s the right legally? Why should we discuss any of this? You may have a point about appropriateness, but you have no legal authority to make it. Judge Khanna was cited by Live Law as telling the petitioner, “Let the LG take action if he wants to…we are not inclined.”
“We have no desire to tamper with the contested decision. The bench pronounced the decision, saying, “The Special Leave Petition is dismissed.”
The Delhi High Court dismissed the Public Interest Litigation on April 10th, citing publicity-seeking motives and imposed a ₹50,000 fee. It was seen that the petitioner continued with the case even though he was aware of three court judgements rejecting the same pleas.
The Supreme Court’s decision comes days after it granted Arvind Kejriwal temporary release on Friday of last week so he may campaign in the Lok Sabha elections of 2024 until June 1 because the issue of the legality of his arrest was still being investigated.
Arvind Kejriwal’s bail has been conditioned on his surrender on June 2 and his inability to attend the chief minister’s office or the Delhi secretariat, according to a panel of Justices Sanjiv Khanna and Dipankar Datta.
“Power to grant interim bail is commonly exercised in a number of cases,” the court declared. Depending on the specifics of each case, interim bail is granted. This instance is not unique.
The Aam Aadmi Party, which is running in coalition with the Congress for all four seats in Delhi and all of Punjab’s seats, saw a significant lift in support from the order.
The AAP’s national convenor, Arvind Kejriwal, was taken into custody on 21 March in connection with the Deljhi liquor policy fraud. He has contested the Enforcement Directorate’s legality of his arrest.
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