Judicial Intervention: Could Kejriwal Lose Chief Minister Role?

Delhi chief minister, Arvind Kejriwal, who is in judicial custody following his arrest on 21 March 2024, has stated more than once that he intends to continue operating as chief minister from jail. This statement by Kejriwal reported by all the latest Hindi news and other media outlets has apparently not gone down well with many people.

One such person is Vishnu Gupta, who heads an organization named Hindu Sena, which has been around since 2011. Incidentally, Gupta is also a party on behalf of the Hindu side in the Krishna Janmabhoomi and Shahi Idgah case in Mathura. He has filed a petition demanding removal of the CM from the post after his arrest in the liquor policy scam but Delhi High Court has refused to hear the petition.

The High Court has clearly said that whether to step down from the post or not is the ‘personal decision’ of Kejriwal. The High Court said that sometimes national interest has to be given priority over personal interest. Petitioner Vishnu Gupta has been shocked by this decision of the High Court as per top Hindi news media and others.

Although the Delhi High Court has refused to hear Gupta’s petition for the removal of Kejriwal from the post of chief minister, a large number of people including individual members of some opposition parties believe that Kejriwal is setting the wrong precedent by refusing to step down voluntarily. The latest Hindi news and other news sources have also reported that there is growing unease about Kejriwal’s decision among many people.

Vishnu Gupta has already been in the news for several issues. In 2015 he was detained by the Delhi Police for filing a false complaint about beef being served in the Kerala House canteen. Apart from this, in 2021, he has been arrested for vandalizing the office of Pakistan International Airlines and this was reported widely by top Hindi news media outlets as well as others.

Earlier this year in February, Gupta received a threatening letter along with three bullets intended to threaten him with dire consequences if he did not withdraw the Krishna Janmabhoomi case but he remained unperturbed. According to the latest Hindi news and other outlets, he had filed a case in this matter at Madhu Vihar police station and has remained unperturbed by the threat to his life.

Then there was a demand from the Hindu Sena President to ban PFI in the year 2022, which obviously has already happened as the current government has already done so in that very year. The name of Hindu Sena had also come up in blackening the road signage of Babar Road in Delhi. A poster of Ayodhya Road was put up on Babar Road by the Hindu Army.

In the year 2023, a petition was filed in the Delhi High Court by the Hindu Sena demanding a ban on the film Adipurush. As per the latest Hindi news at that time, the court had refused to hear the petition immediately. At the same time, in the same year, Gupta had filed a PIL in the Supreme Court against those who gave hate speeches on Sanatan Dharma and Shri Ram Temple and Kashi Mathura.

It remains to be seen what Vishnu Gupta intends to do now since the Delhi High Court has rejected his petition. He has the option to file the same petition at the Supreme Court but it is likely that the Supreme Court will uphold the Delhi High Court’s decision since the judiciary does not want to get involved with this matter.

FAQs

Q. Why was Delhi CM Arvind Kejriwal arrested by the Enforcement Directorate [ED]?

à Arvind Kejriwal was arrested by the ED because of his alleged role in the Delhi Liquor Scam.

Q. Can a chief minister, who is arrested on charges of corruption, continue to remain in the post and run the government as Kejriwal says he will?

à Technically, yes Kejriwal can remain in the post even when he is serving jail time on corruption charges. That’s why the Delhi High Court rejected the petition demanding removal of Kejriwal from the post of Delhi Chief Minister.

Q. Is Vishnu Gupta, the chief of Hindu Sena right in demanding the removal of Kejriwal from the post of Delhi Chief Minister?

à Yes, he is well within his rights to demand the removal of Kejriwal from the post of Delhi Chief Minister but that is all he can do. The courts decide on any such matter on the basis of constitutional provisions and in this case, the constitution allows Kejriwal to continue holding the post despite being under arrest for corruption. It is more of a moral issue than a legal one and most people other than those from Kejriwal’s party, agree that the chief minister should resign on moral grounds.

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