Kejriwal continuing as CM after arrest prioritises political interest: Delhi HC

Delhi HC's comments came following the government counsel's statement over the non-supply of books to the children studying in MCD schools.

The Delhi High Court on Friday criticised the city government for ‘prioritising the political interests of the party over national interest.’ The court stated that allowing Arvind Kejriwal to remain chief minister despite arrest prioritises the political interests of the party.

Delhi CM Arvind Kejriwal (HT_PRINT)

Delhi HC's comments came following the government counsel's statement over the non-supply of books to the children studying in MCD schools. The counsel said that obtaining approval from CM Kejriwal, currently in custody in connection with an alleged money laundering case linked to the 2021 excise policy, is necessary for the issue.

In response, the court said, “I am sorry to say you have placed your interest above the interest of the students, the children that are studying. That is very clear and we are going to give that finding that you have placed your political interest at a higher pedestal."

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"It is very unfortunate that you have done this. It is wrong and that is what has got highlighted in this matter," said the bench of acting Chief Justice Manmohan and Justice Manmeet P S Arora. The court informed the lawyer representing the Delhi government that it perceives his client's primary concern as merely the “appropriation of power.”

The bench additionally stated that those in leadership roles must "bring everyone along," emphasizing that it cannot be a situation of “one person asserting dominance over others.”

Meanwhile, the counsel representing the Delhi government clarified that he was not representing the chief minister and assured the court that the matter concerning the lack of educational materials would be addressed if the MCD commissioner formally requested financial approvals.

"Choice is yours that the chief minster will continue despite being in jail. We will have to say this. This is your administration's will. You are asking us to go down that track and we will come with full vigour," Justice Manmohan said.

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The court was hearing a PIL filed by the NGO Social Jurist, represented by advocate Ashok Agarwal. The PIL brought attention to the failure to provide educational materials in MCD schools despite the start of the new academic session.

Previously, the MCD commissioner had explained that the reason for the failure to distribute facilities was the absence of a standing committee, which holds the authority to approve contracts exceeding ₹5 crore. In response, the court preliminarily stated that there cannot be a void in the absence of a standing committee. In such circumstances, the financial authority must promptly be delegated by the Delhi government to another suitable entity.

"You people can't even elect your committee and you are telling us you will pass the resolution?... Do you want us to take judicial notice of what is happening in the house? How the people are pushing each other?" the court said.

The court commented that numerous projects related to the distribution of books and medicines were evidently halted and queried, "Don't you have a heart? Don't you feel for them?"

"I don't think you are seeing any of this. I think you are just shedding crocodile tears," the court said.

(With PTI inputs)