The Delhi High Court, today, dismissed the writ petition filed by Sandeep Kumar, former Aam Aadmi Party (AAP) Minister, seeking the removal of Arvind Kejriwal from the post of Chief Minister and imposed a cost of Rupees Fifty Thousand on the Petitioner. This is the third petition seeking the same relief that the High Court has dismissed.

The Division Bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora heard the matter today, and observed, Have you ever seen a High Court?"

Justice Manmohan further said, “I will impose costs on you because you are pursuing despite my brother having warned you, we have specifically said this is not like a James Bond Film which will have sequels.”

The Counsel submitted that Kejriwal is not fit to hold the post of the Chief Minister and there are certain duties to be performed by the Chief Minister.

Justice Manmohan said, “Counsel, we will impose heavy costs on you, this is the third time we are dealing with such a petition.”

Justice Manmohan further remarked, “You are trying to involve us in a political thicket…That is all..50,000/- costs on you, we will order. This is enough. Our Board is full of Litigants who have a cause.”

The Counsel for the Petitioner then said, “In this case, if the Governor comes to know that individual Chief Minister has taken some decisions, the Governor will say that the matter will have to be reconsidered…But in this case, the CM is not only available….If I don’t have the government as per the Constitution, where should I go?"

To which Justice Manmohan furiously responded, “Please do not give a political speech over here. Go to a corner of the road and do that. We have passed an order you can challenge it. It is because of people like you client that we are reduced to a joke. The more you speak, the more costs we will impose...Don’t involve the Court in political have made a mockery of the Court.”

On April 8, 2024, the Petition was listed before Justice Subramonium Prasad who directed to list the matter before the Chief Justice.

The Petition by Kumar contended that the unavailability of Kejriwal poses a challenge to the constitutional mechanism and that Kejriwal cannot fulfil his duties as Chief Minister from prison, as mandated by the Constitution.

The Court, previously, had refused to entertain a similar Public Interest Litigation (PIL) filed by Vishnu Gupta, President of an organization named Hindu Sena, seeking the removal of Kejriwal from the post of CM. The Bench has orally remarked at times personal interest has to be subordinate to national interest. The Court had also said that the remedy does not lie with this Court it lies with some other authority.

Last month, the High Court had also dismissed another PIL seeking the removal of Delhi CM Arvind Kejriwal from the post of Government of the NCT of Delhi. The Bench had orally remarked that there is no scope for judicial intervention; let the Executive examine it.

Cause Title: Sandeep Kumar Vs Arvind Kejriwal & Ors. (W.P.(C): 5135 of 2024)