On Wednesday, the Delhi HC dismissed a Public Interest Litigation seeking permission and facilities for CM Arvind Kejriwal to govern from judicial custody. The court termed it as not maintainable. The division bench comprised Acting Chief Justice Manmohan and Justice Manmeet PS Arora.
The court fined Advocate Shrikant Prasad, the petitioner, Rs 1 lakh for filing the petition. Additionally, it rejected the PIL and imposed a Rs 1 lakh fine to be deposited with AIIMS.
All About The Court’s Verdict:
The PIL, filed by Prasad, aimed to facilitate virtual conferencing arrangements for CM Kejriwal. The objective was to enable him to engage with cabinet ministers and ensure uninterrupted governance.
It also sought to restrain media houses from sensationalizing news about the CM’s potential resignation. Additionally, it aimed to prevent the sensationalization of the imposition of the President’s Rule in the national capital.
The bench observed that CM Kejriwal had filed a writ petition before the Supreme Court challenging his arrest by the Enforcement Directorate (ED). Furthermore, the top court is considering the issue of interim release. The bench concluded that no orders were allowed for him to interact with cabinet ministers.
The bench further stated that it cannot impose censorship on the media or stop political opponents from making statements regarding Kejriwal’s resignation.
The PIL had targeted Virendra Sachdeva, BJP Delhi president, alleging that his protests and statements create undue pressure for CM Kejriwal’s resignation, disrupting peace and traffic flow with politically motivated intentions.
Criticizing the PIL, the bench questioned the possibility of imposing an emergency, censorship, or martial law, and expressed concerns about passing gag orders against the press and political rivals.
Prasad’s petition highlighted Delhi’s commendable track record in governance, particularly in the education and healthcare sectors over the past seven years.
It argued that the current circumstances in the national capital violate fundamental rights under Articles 21, 14, and 19 of the Indian Constitution.
The plea emphasized the urgency of ensuring continuity in governance for the welfare of the people, asserting that neither the Constitution nor any law prohibits ministers, including chief ministers, from governing from jail.
Chief Minister Arvind Kejriwal is currently in judicial custody in connection with an alleged Delhi excise policy scam case.
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