Arvind Kejriwal

Arvind Kejriwal As CM Even After Arrest Puts Political Interest Over National Interest: Delhi High Court

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Following remarks from the Delhi government’s counsel regarding the need for approvals from Arvind Kejriwal, who is currently in custody in connection with an alleged money laundering case, the court made its observations.

Arvind Kejriwal
Arvind Kejriwal As CM Even After Arrest Puts Political Interest Over National Interest: Delhi High Court

New Delhi: On Friday, the Delhi High Court criticized the city government for failing to supply books to children enrolled in MCD schools. The court remarked that Arvind Kejriwal’s persistence as Chief Minister despite his arrest prioritizes political interests over national welfare.

The court said the Delhi government was “interested in appropriation of power

The Delhi High Court’s comments followed the Delhi government counsel’s statement that certain approvals from Arvind Kejriwal, who is in custody in connection with the alleged money laundering case related to the 2021 excise policy, are necessary for the matter at hand.

The court emphasized that it had consistently underscored the supremacy of national interest in a “polite” manner thus far. However, the present case has shed light on what is “incorrect,” and a decision will be rendered on the matter on Monday.

“I regret to say that you have prioritized your interests above the welfare of the students, the children who are studying. It’s evident, and we are going to conclude that you have elevated your political interests above everything else.

“It’s highly regrettable that you’ve taken this course of action. It’s unacceptable, and this is precisely what has come to the forefront in this case,” stated the bench comprising Acting Chief Justice Manmohan and Justice Manmeet P S Arora.

The court told the Delhi government lawyer that his client is “just interested in appropriation of power”.

“I don’t know how much power you want. The problem is because you are trying to appropriate power, which is why you are not getting power,” it said.

It is the personal call of the chief minister if he wants the administration to be “paralysed”, the court remarked.

The bench further said the persons who lead have to “carry everyone along” as it cannot be a case of “one man upmanship”.

The Delhi government counsel clarified that they were not representing the chief minister and assured the court that the matter of the non-supply of educational materials would be addressed. They pledged that if the Municipal Corporation of Delhi (MCD) commissioner formally requests financial approvals, even in the absence of the civic body’s standing committee, the issue would be resolved.

The court observed that the Delhi government counsel was appearing based on instructions from the Urban Development Minister Saurabh Bharadwaj. They remarked, “We will note your statement that it’s because the chief minister is in custody that I cannot take any action. If that’s his personal decision, then good luck to him.” Justice Manmohan emphasized, “The choice is yours whether the chief minister will persist despite being in jail. We will have to make this assertion. This reflects your administration’s determination. You’re urging us to proceed along this path, and we will do so with full determination.”

The court was addressing a Public Interest Litigation (PIL) filed by NGO Social Jurist, presented by advocate Ashok Agarwal. The PIL brought attention to the failure to provide educational materials and other essential benefits to students in MCD schools despite the commencement of the new academic session.

“You’re unable to even elect your committee, yet you claim you’ll pass the resolution?… Are you suggesting that we should take judicial notice of the chaos in the house? How members are jostling with each other?” remarked the court.

The court noted that numerous projects related to the distribution of books and medicines were evidently halted and questioned, “Don’t you have any empathy? Don’t you feel for them?” “It appears you are turning a blind eye to all of this. Your expressions of concern seem insincere,” the court added.

It said the Delhi government does not feel for the common man.

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“Desks and chairs are broken… Would any of the corporators want their children to study in such conditions? Would the mayor want her children to learn in an environment where tables are broken?” queried the court. The MCD commissioner had previously explained that the failure to distribute these facilities was because of the absence of a standing committee, which holds authority to award contracts exceeding Rs 5 crore.

The court had initially indicated that there should not be a void in the absence of a standing committee, and in such circumstances, the financial authority must be promptly delegated by the Delhi government to another suitable entity.

Subsequently, on Friday, the counsel representing the Delhi government stated that the MCD commissioner was at liberty to pursue the required financial approvals even in such scenarios, and a suitable resolution would be enacted.

During the hearing, the counsel appearing for the Delhi government said that the standing committee could not be appointed due to the “unilateral” nomination of 10 aldermen to the commission by the Lieutenant Governor and the issue is pending before the Supreme Court.

He further said even for passing the MCD budget, the matter was directly sent by the commissioner to the corporation as there was no standing committee and the budget was passed. 

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