The Bharatiya Janata Party (BJP) demanded that Arvind Kejriwal step down as the Delhi Chief Minister after the Enforcement Directorate (ED) arrested the Aam Aadmi Party (AAP) national convenor in March.
On July 12, when the Supreme Court granted Kejriwal an interim bail in the case, Delhi BJP MP Bansuri Swaraj claimed the Supreme Court “indicated that whenever a constitutional functionary is involved in such a crime, he has to resign from his post”.
#WATCH | Delhi: BJP MP Bansuri Swaraj says, “Delhi CM Arvind Kejriwal has been granted interim bail only because one point of law has been referred to the larger bench… A few days ago, ED presented a detailed chargesheet in front of the court. As per that chargesheet, Delhi CM… pic.twitter.com/IpAtn1fjGz
— ANI (@ANI) July 12, 2024
But is it the case? Should a chief minister resign if he is arrested in a money laundry case? The matter was raised when the Supreme Court was hearing Kejriwal’s plea challenging his arrest and remand by the ED.
While granting Delhi Chief Minister Arvind Kejriwal interim bail in the ED case on Friday, the Supreme Court also commented on the CM’s resignation.
The order read, “We are conscious that Arvind Kejriwal is an elected leader and the Chief Minister of Delhi, a post holding importance and influence. We have also referred to the allegations.”
The Supreme Court said, “While we do not give any direction, since we are doubtful whether the court can direct an elected leader to step down or not function as the Chief Minister or as a Minister, we leave it to Arvind Kejriwal to take a call.”
It added that the larger bench, if deemed appropriate, can frame question(s) and decide the conditions that can be imposed by the court in such cases.
In March, a fresh plea was filed in the Delhi High Court, seeking to remove Arvind Kejriwal from the post of Delhi chief minister. The petition was, however, dismissed by the Supreme Court.
The Supreme Court had said it is a matter of propriety but there is no legal right seeking removal of Kejriwal as chief minister following his arrest. “It is up to Delhi LG [Lieutenant Governor] to act if he wants to but we will not interfere,” the two judges had said in May.
Mandatory for CM to resign when accused in a case?
The law says that a chief minister could be removed from office only when he is convicted in a case. The CM is not legally prohibited from holding office while under investigation.
Going by the rules, Kejriwal has not yet been convicted in any of the cases so no one can force him to resign from the CM post.
3 questions on ED’s power
In the verdict on Friday, the Supreme Court bench headed by Justice Sanjiv Khanna referred a few questions of law for consideration by a larger Bench. The court framed three questions related to power and policy of arrest by the ED.
List of questions referred to the larger bench
(a) Whether the “need and necessity to arrest” is a separate ground to challenge the order of arrest passed in terms of Section 19(1) of the PML Act?
(b) Whether the “need and necessity to arrest” refers to the satisfaction of formal parameters to arrest and take a person into custody, or it relates to other personal grounds and reasons regarding necessity to arrest a person in the facts and circumstances of the said case?
(c) If questions (a) and (b) are answered in the affirmative, what are the parameters and facts that are to be taken into consideration by the court while examining the question of “need and necessity to arrest”?
On Thursday, the CBI arrested accused Rakesh Ranjan alias Rocky from Bihar’s Nalanda in connection with the NEET paper leak case. Ranjan is believed to be a one of key player in the NEET paper leak network. He was taken into custody following a planned operation by the CBI.
