The Delhi High Court on Tuesday dismissed a plea seeking removal of AAP leader Arvind Kejriwal as chief minister of the national capital as he was facing prosecution in a criminal case.
A bench of Chief Justice Rajendra Menon and Justice V K Rao said prosecution was still pending in the case and elected authorities cannot be removed like this.
“Prosecution is still going on. He may get acquitted. What will you do then? Come after he is convicted,” the bench said.
“Nothing doing, dismissed,” it said.
The court was hearing a petition by Harinath Ram, an advocate, seeking direction to the Lieutenant Governor for immediate removal of Kejriwal and other ministers named as accused in a criminal case relating to assault of the then Delhi Chief Secretary Anshu Prakash.
The petition, filed through advocates Shashak Deo Sudhi, Bijender P Kumar and Shashi Bhushan, alleged that Kejriwal committed breach of oath under the Constitution as he was allegedly involved in acts of violence in conspiracy with other elected members.
It is an unimaginable constitutional crisis that the same prosecuting machinery is taking care of the criminal proceedings of the chief minister which is legally under the department of home of government of NCT of Delhi, it alleged.
The petition said people of the state have a right to be governed under the law by a truthful citizen and those who indulge in criminal acts have no legal or constitutional right to continue as the chief minister.