Not James Bond movie with sequels: HC deprecates repeated pleas for Kejriwal's removal as CM
New Delhi (PTI): The Delhi High Court on Wednesday expressed its displeasure over repeated filing of petitions seeking the removal of AAP convener Arvind Kejriwal from the post of the chief minister after his arrest.
The court said once it has dealt with the issue and opined that it fell in the executive domain, there should not be any "repeat litigation" as it was not a James Bond movie that will have sequels.
A bench headed by Acting Chief Justice Manmohan pulled up petitioner Sandeep Kumar, a former AAP MLA who sought the removal of Kerjiwal from the office, for trying to involve the court in a "political thicket" and said it will impose costs of Rs 50,000 on him.
"This is not like a James Bond movie where we will have sequels. (Lt) Governor will take a call on this. You are trying to involve us in a political thicket, that's all," remarked the court.
The bench, also comprising Justice Manmeet P S Arora, reiterated that it cannot impose governor's rule in the capital.
Observing that the petitioner was "making a mockery of the system", the court said, "Rs 50,000 costs on you. We will pass the order."
On March 28, the court had dismissed a PIL for Kejriwal's removal, saying that while the petitioner had failed to show any legal bar that prohibited the arrested chief minister from holding office, there was also no scope for judicial interference in such cases as it was for the other organs of the State to look into the issue.
It also said it cannot declare a breakdown of the constitutional machinery in the national capital.
On April 4, the court had refused to entertain a second PIL on the issue and said it was Kejriwal's personal choice to continue as the chief minister and granted liberty to the petitioner to approach the lieutenant governor (LG).
On Wednesday, Kumar's counsel argued that his case required interpretation of the Constitution and that on account of his arrest in a money laundering case, Kejriwal was now not qualified to hold the office of the chief minister.
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Justice Manmohan said if there was a grievance, an appeal should have been filed against the earlier decisions instead of filing a third petition on the same issue.
As the petitioner's lawyer continued to argue and questioned where he must go if the government was not according to the Constitution, the court told him not to make political speeches.
"Please don't give a political speech here. Go to a corner of the street and do it over there. Please don't do that. Your client may be a politician and he may like to get involved in politics but we are not involved in politics. We stay out of politics," said Justice Manmohan.
"You are making a mockery of the system. Don't reduce us to a joke. It is only because of people like you, your client, that we are reduced to a joke. We are imposing some heavy costs on you. Please don't come back with repeat litigation," added the judge.
The court further said the petitioner was "persisting" in spite of the remarks made by a single judge while dealing with his petition earlier this week and said imposition of costs was the only way to "take care" of the petitions that are coming up on a "daily basis".
"This is enough. Look at the court. The court is packed with litigants. Have some courtesy," the court said.
Kumar's petition was listed before the acting chief justice's bench after it was transferred to it from Justice Subramonium Prasad's court.
While dealing with the petition on April 8, Justice Prasad had said it was filed for "publicity" and "heavy costs" should be imposed for it.
In his petition, Kumar had said after Kejriwal’s arrest by the Enforcement Directorate (ED) in connection with a money-laundering case linked to the now-scrapped excise policy for Delhi, the Aam Aadmi Party (AAP) convener incurred an "incapacity" to carry out the chief minister's functions under the Constitution.
Kejriwal was arrested by the ED on March 21, hours after the high court refused to grant him protection from coercive action by the federal anti-money laundering agency. He is currently in judicial custody.
The petition had said the AAP leader's "unavailability" complicates the constitutional mechanism and he can never function as the chief minister from prison according to the mandate of the Constitution.
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CM Siddaramaiah ready to "sacrifice power" or continue, as per Rahul's directions: Rajanna
Bengaluru (PTI): As the speculation about leadership change in Karnataka rages yet again, a senior party leader and close aide of Siddaramaiah on Tuesday said the Chief Minister was ready to "sacrifice power" or continue in the top post, based on the directions of Congress leader Rahul Gandhi.
KN Rajanna also seemed to support the idea of a change in the party leadership as well, an apparent reference to deputy CM and Karnataka Congress president D K Shivakumar, whose supporters want him to be made CM.
Urging the Congress high command to clear the confusion on the leadership issue, Rajanna, a former minister who is considered close to Siddaramaiah, warned that continued uncertainty would be detrimental for the party and governance.
He also insisted that if the chief minister is changed, there should be a "Dalit CM" in Karnataka.
The development comes amid speculations within the party and political circles about a possible decision on leadership change and cabinet reshuffle after May 4, once the results for assembly elections in four states and one union territory, along with bypolls to two assembly segments in Karnataka, are announced.
"The Chief Minister has an open mind and has said he will abide by the directions of the high command and Rahul Gandhi, and that everyone should cooperate. The CM has repeatedly reiterated that he will abide by Rahul Gandhi's directives and suggested that everyone follow the decision. All ministers have agreed to it," Rajanna said in response to a question about the CM's recent discussion with his close cabinet colleagues and MLAs.
Speaking to reporters here, he said, "power is not permanent for any politician, those who lose it will try to gain it and those who have gained it will try to maintain it. The CM's mindset is that he is ready to sacrifice power or continue in power as per Rahul Gandhi's directions. He will abide by Rahul Gandhi's decision."
When asked whether supporters of Siddaramaiah demanded that he continue as CM, and if he steps down, that an AHINDA leader should take over, the MLA said the matter is for the high command to decide.
"We have told the high command what we had to. Ultimately it is left to high command and Rahul Gandhi," he said.
AHINDA (Kannada acronym for minorities, backward classes, and Dalits) is considered as the strong support base of Siddaramaiah and also the Congress party.
When asked about his past statement that there should be a Dalit CM after Siddaramaiah, Rajanna said, "What's wrong with it. I am committed to the statement that there should be a Dalit CM."
MLAs and leaders who want Shivakumar to be elevated have recently claimed they expect some "sweet news" by May 15, which is their leader's birthday.
When asked whether the party president should also be changed, the former minister said that everything has to change.
"If the ministers have to change, why shouldn't the party president. Everything will be decided by high command," he said.
Shivakumar is the state Congress President and has completed six years in the post.
For the government to function more actively towards the welfare of the people it is important that the high command clears the existing confusion in the Congress party at the earliest, Rajanna said, adding, the ministers have gone to discuss the same with the leadership.
"I too urge that the high command should not allow the confusion to continue; as long as the confusion continues, it is detrimental for the party and governance. I will also go to Delhi after May 4," he said.
"The high command is at it (resolving the confusion), but because of elections, the leaders are busy. The matter cannot be decided hastily, it must be decided with a clear state of mind, as it involves the future of the people of Karnataka and the party," he said, expressing confidence that the party will take appropriate decisions after examining all aspects.
PWD Minister Satish Jarkiholi on Monday met Congress President Mallikarjun Kharge and General Secretary (in charge of Karnataka) Randeep Surjewala in New Delhi and requested them to address the speculation regarding the change of leadership in the state.
Subsequently Social Welfare Minister H C Mahadevappa too met the party leadership in Delhi.
Both Jarkiholi and Mahadevappa are considered close to Siddaramaiah.
Regarding the demand for cabinet reshuffle, Rajanna said there is an expectation within both the party and the public that the administration should be sensitised more, and there is nothing wrong in new people getting opportunities.
Responding to a question, Rajanna said, there is a feeling among AHINDA communities that their expectations from the current government have not been fulfilled. "I too agree with it," he said.
Rajanna, who recently alleged that the Chief Minister is "helpless" and under some "compulsion," reiterated his statement by saying, "compare Siddaramaiah as CM during 2013-18 and 2023 to now, there is a huge difference, people are saying it."
The leadership issue is being hotly debated as Shivakumar's supporters have been demanding his elevation since late 2025, in lines with a rumoured power-sharing agreement involving Siddaramaiah when the party won the 2023 Assembly elections.
