New Delhi: The Delhi High Court on Monday remarked that the petition seeking removal of Arvind Kejriwal as Chief Minister was filed for "publicity" and the petitioner deserves to impose a "heavy penalty" on it.
Justice Subramaniam Prasad made the remarks while transferring the petition filed by former AAP MLA Sandeep Kumar to the court of Acting Chief Justice Manmohan Singh, where similar petitions were heard earlier.
Justice Prasad said, "This is just for publicity."
"Since similar cases have been listed and disposed of by the Acting Chief Justice, list this petition before a bench headed by the Acting Chief Justice," he said.
After transferring the petition, Justice Prasad said, "I would have imposed a heavy fine."
In his petition, Kumar has said that following Kejriwal's arrest by the Enforcement Directorate (ED) in a money laundering case linked to the Delhi Excise policy, the leader is feeling "incompetent" to perform the functions of a chief minister under the Constitution.The plea said the AAP leader's "unavailability" complicates the constitutional mechanism and he can never function as chief minister from jail as per the mandate of the Constitution.
"Article 239AA(4) of the Constitution provides for a Council of Ministers headed by the Chief Minister to aid and advise the Lieutenant Governor in the exercise of his functions in respect of matters with respect to which the Assembly has power to legislate.
"Aid and advice to the Lieutenant Governor is not practically possible unless the Chief Minister has independent persons available to advise his aid under the Constitution," the plea said.
"Issue a status quo warrant against respondent No. 1, i.e., the outgoing Chief Minister of Delhi, Arvind Kejriwal, calling upon him to show by virtue of what authority, qualification and title he holds the office of Chief Minister of Delhi under Article.Section 239AA of the Constitution and after investigation, remove him from the post of Chief Minister of Delhi with or without retrospective effect,” the petition prayed.
Now this matter will be listed for hearing on April 10.
Kejriwal, who was arrested by the ED on March 21, is in judicial custody till April 15. He is currently lodged in Tihar Jail.
The High Court had earlier rejected two PILs seeking removal of Kejriwal from the post of Chief Minister.On April 4, a bench of Acting Chief Justice Manmohan Singh and Justice Manmeet P Arora refused to consider a PIL on the issue, saying it was Kejriwal's personal choice to remain chief minister.
Earlier, the bench had dismissed a similar PIL, saying the petition had failed to show any legal impediment that prevents the arrested chief minister from continuing in office. It had observed that there was no scope for judicial intervention in the matter and it was for other organs of the state to look into the issue.
Justice Subramaniam Prasad made the remarks while transferring the petition filed by former AAP MLA Sandeep Kumar to the court of Acting Chief Justice Manmohan Singh, where similar petitions were heard earlier.
Justice Prasad said, "This is just for publicity."
"Since similar cases have been listed and disposed of by the Acting Chief Justice, list this petition before a bench headed by the Acting Chief Justice," he said.
After transferring the petition, Justice Prasad said, "I would have imposed a heavy fine."
In his petition, Kumar has said that following Kejriwal's arrest by the Enforcement Directorate (ED) in a money laundering case linked to the Delhi Excise policy, the leader is feeling "incompetent" to perform the functions of a chief minister under the Constitution.The plea said the AAP leader's "unavailability" complicates the constitutional mechanism and he can never function as chief minister from jail as per the mandate of the Constitution.
"Article 239AA(4) of the Constitution provides for a Council of Ministers headed by the Chief Minister to aid and advise the Lieutenant Governor in the exercise of his functions in respect of matters with respect to which the Assembly has power to legislate.
"Aid and advice to the Lieutenant Governor is not practically possible unless the Chief Minister has independent persons available to advise his aid under the Constitution," the plea said.
"Issue a status quo warrant against respondent No. 1, i.e., the outgoing Chief Minister of Delhi, Arvind Kejriwal, calling upon him to show by virtue of what authority, qualification and title he holds the office of Chief Minister of Delhi under Article.Section 239AA of the Constitution and after investigation, remove him from the post of Chief Minister of Delhi with or without retrospective effect,” the petition prayed.
Now this matter will be listed for hearing on April 10.
Kejriwal, who was arrested by the ED on March 21, is in judicial custody till April 15. He is currently lodged in Tihar Jail.
The High Court had earlier rejected two PILs seeking removal of Kejriwal from the post of Chief Minister.On April 4, a bench of Acting Chief Justice Manmohan Singh and Justice Manmeet P Arora refused to consider a PIL on the issue, saying it was Kejriwal's personal choice to remain chief minister.
Earlier, the bench had dismissed a similar PIL, saying the petition had failed to show any legal impediment that prevents the arrested chief minister from continuing in office. It had observed that there was no scope for judicial intervention in the matter and it was for other organs of the state to look into the issue.
