Delhi HC rejects plea seeking removal of 'jailed' Arvind Kejriwal as CM

The Delhi High Court has refused to entertain a plea seeking the removal of Arvind Kejriwal as Chief Minister, India Today reported on Thursday. Kejriwal is lodged in Tihar Jail after his arrest in the Delhi liquor policy case. 

A division bench of the Delhi High Court said it was Kejriwal's personal call on whether to continue as the chief minister or not. The HC asked the petitioner to approach the constitutional authorities.

"At times, personal interest has to be subordinate to national interest," the High Court said. "We are a court of law. Do you have any precedent where the President's rule or Governor's rule has been imposed by the court?" the bench asked.

The petition was filed by Vishnu Gupta, a social worker and national president of the Hindu Sena. Gupta subsequently withdrew his petition, saying he would make a presentation before the Lieutenant Governor.

Earlier this week, former Supreme Court judge Ajay Rastogi said Kejriwal should resign as he is holding a high office. "If you are in custody, I feel that it is not good for a person in custody to continue in office. The public morality demands that one must quit," the judge said while speaking to news agency ANI.    

Rastogi referred to J Jayalalithaa, Lalu Prasad Yadav, and Hemant Soren, all resigned as chief ministers ahead of their arrests in corruption cases. 

"You can't take any paper to the sitting chief minister in custody and get him signed. I am very firm in my view that the public morality demands it (resignation)," he said. 

On Tuesday, Atishi said Kejriwal won't resign as he has not yet been convicted in the Delhi excise policy scam case. "Arvind Kejriwal enjoys an overwhelming majority of the Delhi Assembly, so there is no reason for Arvind Kejriwal to resign. If Arvind Kejriwal resigns today, it will be a very simple and straightforward solution for the Bharatiya Janata Party to topple the opposition governments," she said. 

(With inputs from Srishti Ojha)