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‘Not movie with sequels’: HC on repeated pleas against Kejriwal

Published:

NEW DELHI: The

Delhi high court

on Wednesday reprimanded the repeated filing of petitions seeking the removal of AAP convener

Arvind Kejriwal

from the post of

chief minister

following his arrest. The court emphasised that once it had addressed the issue and determined it to be within the executive domain, there should not be continuous litigation, likening it to a movie sequel.

Justice Manmohan, leading the bench, criticised petitioner Sandeep Kumar, a former AAP MLA, for dragging the court into a political matter and announced a penalty of Rs 50,000. The court highlighted that it cannot impose governor’s rule in the capital and reiterated that judicial interference in such cases is not warranted.
“This is not like a James Bond movie where we will have sequels. You are trying to involve us in a political thicket, that’s all,” remarked the court.
The court had previously dismissed a PIL seeking Kejriwal’s removal, stating that there was no legal impediment preventing the arrested chief minister from holding office and that the matter should be addressed by other state organs. The court also clarified that it does not have the authority to declare a breakdown of the constitutional machinery in the national capital.

Despite this, another PIL on the same issue was rejected, with the court affirming that it was Kejriwal’s personal choice to continue as CM and advising the petitioner to approach the Lieutenant Governor.
During the recent proceedings, Kumar’s counsel argued that Kejriwal was no longer qualified to hold office due to his arrest in a money laundering case, necessitating a constitutional interpretation. Justice Manmohan advised filing an appeal against previous decisions instead of submitting multiple petitions on the same matter. The court firmly stated that it does not engage in politics and imposed costs on the petitioner for persisting with repeat litigation.

“Please don’t give a political speech here. Go to a corner of the street and do it over there. Please don’t do that. Your client may be a politician and he may like to get involved in politics but we are not involved in politics. We stay out of politics,” said Justice Manmohan.
“You are making a mockery of the system. Don’t reduce us to a joke. It is only because of people like you, your client, that we are reduced to a joke. We are imposing some heavy costs on you. Please don’t come back with repeat litigation,” added the judge.
The court further said the petitioner was “persisting” in spite of the remarks made by a single judge while dealing with his

petition

earlier this week and said imposition of costs was the only way to take care of the petitions that are coming up on a daily basis. “This is enough. Look at the court. The court is packed with litigants. Have some courtesy,” the court said.
The court emphasised that imposing costs was necessary to deter frivolous petitions and maintain decorum in the court. Justice Manmohan urged the petitioner to show courtesy and refrain from turning the court into a spectacle. The petition was transferred to the acting chief justice’s bench after being labeled as a publicity stunt by Justice Subramonium Prasad.
Kejriwal was taken into custody by the Enforcement Directorate (ED) in connection with a money laundering case related to Delhi’s excise policy, and is currently in judicial custody. The petition underscored the complications arising from Kejriwal’s unavailability and how it conflicted with the constitutional framework.

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