NEW DELHI: Delhi high court, on Thursday, again refused the second PIL to remove Arvind Kejriwal as chief minister after the arrest by ED in an Excise policy-linked money laundering case.
The court said that the personal interest has to be subordinate to the national interest but that is Kejriwal’s personal opinion.
“That’s a practical aspect. At times, personal interest has to be subordinate to national interest.But that is his (Kejriwal’s) personal opinion. If he does not want to do that it’s up to him. We are a court of law…. Do you have any precedent that president’s rule or governor’s rule has been imposed by the court?” the bench remarked, according to the Live Law.
A division bench comprising of acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora heard the case and rejected the PIL filed by Vishnu Gupta, who is a social worker and nantional president of Hindu Sena.
The court also said that this is a practical issue not a legal issue and “We won’t go into this.” The court also said that the Governor is fully competent and does not need the guidance.
“There has to be some certainty in courts. We have laid down a precedent and it has to be followed. It cannot be that one day we take one view and another day we take a different view,” the bench said.
The court also said that the constitutional morality will be considered by LG. “He will consider it and the PM. They are the authorities. Everything cannot be done by the courts. We don’t administer the State. Next time there is a war with a neighbouring country, you’ll say… this matter will reach a right conclusion,” the court said, as per the Live Law.
As the court refused to interfere in the issue, petitioner Vishnu Gupta’s lawyer said he has instructions to withdraw the petition and that he will approach the Lieutenant Governor with his plea.
The court disposed of the plea while allowing the petitioner to withdraw the petition.
The court said that the personal interest has to be subordinate to the national interest but that is Kejriwal’s personal opinion.
“That’s a practical aspect. At times, personal interest has to be subordinate to national interest.But that is his (Kejriwal’s) personal opinion. If he does not want to do that it’s up to him. We are a court of law…. Do you have any precedent that president’s rule or governor’s rule has been imposed by the court?” the bench remarked, according to the Live Law.
A division bench comprising of acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora heard the case and rejected the PIL filed by Vishnu Gupta, who is a social worker and nantional president of Hindu Sena.
The court also said that this is a practical issue not a legal issue and “We won’t go into this.” The court also said that the Governor is fully competent and does not need the guidance.
“There has to be some certainty in courts. We have laid down a precedent and it has to be followed. It cannot be that one day we take one view and another day we take a different view,” the bench said.
The court also said that the constitutional morality will be considered by LG. “He will consider it and the PM. They are the authorities. Everything cannot be done by the courts. We don’t administer the State. Next time there is a war with a neighbouring country, you’ll say… this matter will reach a right conclusion,” the court said, as per the Live Law.
As the court refused to interfere in the issue, petitioner Vishnu Gupta’s lawyer said he has instructions to withdraw the petition and that he will approach the Lieutenant Governor with his plea.
The court disposed of the plea while allowing the petitioner to withdraw the petition.
