PIL in HC seeks to restrain Kejriwal from issuing order while in custody

A Public Interest Litigation (PIL) has been moved in the Delhi High Court, praying for a direction to restrain Chief Minister Arvind Kejriwal from issuing orders while in police custody of the Directorate of Enforcement (ED).

Plea also seeks direction not to provide a typist, computer printer, etc. to Arvind Kejriwal while he is in the police custody of ED. Also, to direct the ED to register a complaint, investigate and prosecute Arvind Kejriwal as to how the directions or order issued by him while in police custody reached the possession of Delhi Minister Atishi.

There is a likelihood that the order issued by Kejriwal in the capacity of Chief Minister of the NCT of Delhi may influence a fair and proper investigation. A fair and proper investigation is always conducive to the ends of justice and to establishing the rule of law.

The petitioner, Surjit Singh Yadav, through Advocates Shashi Ranjan Kumar Singh and Mahesh Kumar, further stated that Arvind Kejriwal, while issuing directions and orders in custody, is breaching his oath of secrecy administered to him under the Third Schedule of the Constitution of India.

The same petitioner recently also filed another PIL in the Delhi HC, praying for the removal of Delhi Chief Minister Arvind Kejriwal from holding the post of chief minister of the government of NCT of Delhi.

The Delhi HC had earlier refused to pass orders granting interim protection from coercive action to him in the said case before his arrest.

The plea stated that after the arrest of Arvind Kejriwal, Minister of Govt of NCT of Delhi Atishi has given interviews to various channels on March 21, 2024, stating and affirming that Arvind Kejriwal will not resign from his post and, if needed, will run the government from jail.

She had said "Arvind Kejriwal was the Delhi CM, is the CM and will continue to remain the CM, he will not resign," the plea read.

The plea stated that the continuance of Arvind Kejriwal as the chief minister of the government of NCT of Delhi after his arrest by the ED has degraded the credibility and image of the government of NCT of Delhi in the eyes of the general public.

The continuation of Kejriwal as the Chief Minister of Government of the NCT of Delhi will not only lead to obstruction of due process of law and disrupt the course of justice but would also lead to a breakdown of the constitutional machinery in the state, the plea added.