High Court’s Response to Repeated Requests to Remove Arvind Kejriwal as CM Compared to ‘James Bond’

The court said that it had dealt with the issue and concluded that it fell in the executive domain. It expressed that there should not be any repeat litigation as it was not like a James Bond movie with sequels. The bench, headed by Acting Chief Justice Manmohan, criticized the petitioner, Sandeep Kumar, a former AAP MLA, for involving the court in a “political thicket”.

It also mentioned that costs of Rs 50,000 would be imposed on him. On March 28, the court dismissed a PIL for Arvind Kejriwal’s removal, stating that there was no legal prohibition for the arrested chief minister to hold office and that judicial interference was not within its scope. The court also refused to entertain a second PIL on the issue on April 4.

Instead, it suggested that the petitioner should approach the lieutenant governor (LG). In a subsequent hearing, Mr. Kumar’s counsel argued that his case required constitutional interpretation, citing Mr. Kejriwal’s arrest in a money laundering case as a disqualification for holding the office of chief minister. The court admonished the petitioner’s lawyer for making political speeches and imposed heavy costs on him, warning against repeat litigation.

The court noted that despite previous remarks made by another judge, the petitioner was persisting and imposed costs as a way to address the daily influx of similar petitions. The court made it clear that it would not tolerate repeat litigation, urging the petitioner to show courtesy and respect for the court. Mr. Kumar’s petition argued that Mr. Kejriwal’s arrest by the Enforcement Directorate (ED) rendered him unable to carry out the chief minister’s functions.

The court had previously refused to grant Mr. Kejriwal protection from coercive action by the ED, and he is currently in judicial custody. It also mentioned that the AAP convener’s “unavailability” complicates the constitutional mechanism, and it questioned his ability to function as the chief minister from prison according to the Constitution.