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The Supreme Court on Monday, May 15, 2023, rejected a plea seeking the removal of Arvind Kejriwal as Delhi's Chief Minister in light of his arrest in the Delhi excise policy case.
The petition was filed by Delhi resident Kant Bhati, who challenged an April 10 ruling by the Delhi High Court dismissing a similar petition by former Aam Aadmi Party (AAP) legislator Sandeep Kumar.
A bench of Justices Sanjiv Khanna and Dipankar Datta dismissed the plea, stating that there is no legal right to demand Kejriwal's removal and that it is ultimately up to the Lieutenant Governor (LG) of Delhi to address such matters.
The court also pointed out that Bhati was not a petitioner before the high court and was challenging a judgment rendered in a plea filed by someone else.
The Delhi High Court had earlier dismissed similar petitions from social activist Surjit Singh Yadav and Hindu Sena president Vishnu Gupta, emphasizing that such decisions rest with constitutional authorities like the LG or the President and are not within the judiciary's purview.
Kejriwal is the third AAP leader arrested in connection with the Delhi excise policy case. Deputy Chief Minister Manish Sisodia has been in jail since February 2023, and Rajya Sabha MP Sanjay Singh was granted bail by the top court in April this year after six months of custody.
The Enforcement Directorate (ED) has accused Kejriwal of being the 'kingpin' and 'key conspirator' in the alleged corruption in the 2021-22 Delhi excise policy, adding that he acted in cahoots with ministers of his cabinet and other AAP leaders to seek benefits from businessmen involved in the liquor business.
The Supreme Court, while granting Kejriwal interim bail until June 1, has imposed several conditions, including refraining from performing his official duties as Chief Minister, not visiting the CM's office or the Delhi secretariat, not signing any official files unless necessary to obtain approval from the Lieutenant Governor of Delhi, and not making any public statements about his role in the excise case.
The court has also barred Kejriwal from interacting with any witnesses related to the case and accessing official files connected to it.
The Delhi excise policy case stems from allegations of irregularities in Delhi's excise policy, which the Central Bureau of Investigation (CBI) began probing following a recommendation by Delhi's LG in July 2022.
Source: SC junks plea for Arvind Kejriwal’s removal as Delhi CM